CTFR 19/239,716 CTFR 80460 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Information Disclosure Statement The information disclosure statement (IDS) submitted on 04/23/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Terminal Disclaimer 14-23 AIA The terminal disclaimer filed on 04/05/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of 11,954,268 has been reviewed and is accepted. The terminal disclaimer has been recorded. 14-23 AIA The terminal disclaimer filed on 04/05/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of 12,353,646 has been reviewed and is accepted. The terminal disclaimer has been recorded. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. 07-15-aia AIA Claim(s) 1-2, 4-5, 8-9, 11-12, 15-17, 19 is/are rejected under 35 U.S.C. 102 (a)(b) as being anticipated by Wang et al. (US 2018/0120944) . As to Claim 1, Wang et al. discloses Eyewear, comprising: a frame (fig.1, head mounted display HMD 18; para.0025); a display supported by the frame (fig.1, display 36; para.0025-0026); a camera configured to capture a plurality of frames (fig.1, depth sensor system 38 may include depth cameras; para.0028); and a processor (fig.1, processor 22) configured to: display a virtual object on the display (fig.2, virtual targets in the form of holographic sliders 250, 254 and push button 258; para.0046), display an overlay comprising a reference image having a boundary on the display (fig.3-4, virtual target zone 304 may be a visually highlighted volume, and designated tracking volume may be any suitable shape and size; para.0052, 0055), wherein the overlay is configured to guide a user in positioning a physical positioning object within the boundary as viewed by the user and with respect to the eyewear (fig.5, para.0057-0058-when user’s hand 204 {read as physical positioning object} is within the designated tracking volume 504 and user’s gaze is within target zone 304, a holographic hand 520 corresponding to the user’s hand 204 is displayed at a location of the holographic slider 250 within the target zone 304; fig.10-para.0083; fig.11), use the camera to identify three-dimensional (3D) movement of the physical positioning object by the user in the plurality of frames in real time (fig.6-7; para.0054, 0067-0069,0081-0082; pinch gesture 604 by user’s hand 204 and movement of hand downwardly in the negative y-axis direction within tracking volume 504 causes holographic hand 520 within zone 304 to move downwardly in the negative y-axis direction; fig.10-para.008-0084; fig.11); and modify the virtual object on the display in 3D as a function of the identified 3D movements of the physical positioning object in real time when the physical positioning object is moved in 3D space (fig.6-7, para.0067-0069, when hand 204 moves in downwardly in the negative y-axis direction, holographic hand 520 and holographic slider 250 move correspondingly downwardly in the negative y-axis direction; fig.10- para.0083- 0084; fig.11). As to Claim 2, Wang et al. discloses wherein the processor is configured to display a cursor at a position of the virtual object, wherein the position of the cursor is configured to be controlled in 3D by the 3D position of the physical positioning object (fig.5- 9; para.062-0063,0065; landing location 530/534 indicated as a plus sign, at a position of holographic slider 250/254). As to Claim 4, Wang et al. discloses: wherein the processor is configured to determine a position of the physical positioning object relative to the eyewear (para.0057, hand location within the tracking volume 504 is detected). As to Claim 5, Wang et al. discloses wherein the processor is configured to automatically modify the displayed virtual object on the display as a function of the movements of the physical positioning object when the physical positioning object is moved in 3D space (fig.5-9; para.0068-0069, based on the movement of hand 204 in the y-axis direction the holographic hand 520 and holographic slider correspondingly move in the y-axis direction). As to Claims 8-9, 11-12 are method claims drawn to the apparatus of Claims 1-2, 4-5 and are rejected for the reasons as set forth above. As to Claims 15-17, 19 have limitations similar to those of Claims 1-2, 4-5 and are met by the references as set forth above . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 3, 6-7, 10, 13-14, 18, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2018/0120944) in view of Atlas (US 2021/0011556) . As to Claim 3, Wang et al. does not expressly disclose wherein the physical positioning object is a remote mobile device. Atlas et al. discloses rendering virtual content corresponding to a peripheral device and may also render a hand or portion of a hand, that is detected within the field of view of the user, where the peripheral device may be smartphone, PDA, tablet, or other hand-held computer (para.0027-0029,0032). Atlas et al. further discloses where gestures may be detected by the peripheral device to interact with virtual content items (fig.6-7; para.0057, 0095-0097,100-0102). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Wang et al. with the teachings of Atlas et al., such that a peripheral device (of Atlas) may be detected within the tracking volume and displaying a corresponding virtual affordance comprising peripheral device. The motivation being to allow user to interact with virtual item in accordance with interface gestures performed with respect to the peripheral device. As to Claim 6, Wang et al. does not expressly disclose wherein the virtual object appears to be painted by a brush stroke of a brush in 3D by movement of the physical positioning object, wherein the processor is configured to enable the user to selectively establish a size of the brush stroke. Atlas et al. discloses where a user may interact with virtual drawing surface (822) and perform drawing gestures with the peripheral device 136, where the user is enabled to establish a width of the pointer, a type of pointer, and color (fig.8D; para.0108-0109). 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 the device disclosed of Wang et al. with the teachings of Atlas et al., such that virtual objects (holographic elements 250/254) may appear painted. The motivation being to enable the user to manipulate selected content item with drawing gestures. As to Claim 7, Wang et al. does not expressly disclose, but Atlas et al. discloses: wherein the processor is configured to selectively display portions of the virtual object in different colors (para.0109, In one or more aspects, the artificial reality system changes the color of virtual pointer 804 in response to detecting a selection of color element 832 (e.g., the artificial reality system will toggle the rendered color of virtual pointer 804). In one or more aspects, changing the color of virtual pointer 804 will change the color of any future rendered virtual markings with virtual pointer 804). Atlas et al. further discloses where an active artificial reality item may include an active indicator (e.g., a border, highlighting, a shadow, and/or any other indication that a user can manipulate or otherwise interact with a particular virtual drawing). 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 the device of Wang et al. with the teachings of Atlas et al., such that the virtual object ( holographic slider) may be displayed in different color. The motivation being to allow a user to modify the virtual items with a color as desired, thereby enhancing user’s experience. As to Claims 10, 13-14 are method claims drawn to the apparatus of Claims 3, 6-7 and are rejected for the reasons as set forth above. As to Claims 18, 20 have limitations similar to those of claims 3,6 and are met by the references as set forth above . Response to Arguments Applicant’s arguments with respect to claim(s) 04/23/2026 have been considered but are moot because the new ground of rejection applied as necessitated by amendment. Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 form . 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 DISMERY E. MERCEDES whose telephone number is (571)272-7558. The examiner can normally be reached Monday-Friday, 9am-5pm, EST. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DISMERY MERCEDES/Primary Examiner, Art Unit 2627 Application/Control Number: 19/239,716 Page 2 Art Unit: 2627 Application/Control Number: 19/239,716 Page 3 Art Unit: 2627 Application/Control Number: 19/239,716 Page 4 Art Unit: 2627 Application/Control Number: 19/239,716 Page 5 Art Unit: 2627 Application/Control Number: 19/239,716 Page 6 Art Unit: 2627 Application/Control Number: 19/239,716 Page 7 Art Unit: 2627
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