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 .
Terminal Disclaimer
The terminal disclaimer filed on 06/29/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of 12,372,789 has been reviewed and is accepted. The terminal disclaimer has been recorded.
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.
Claim(s) 1, 3-7, 9-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gervautz et al. (US 2014/0267770) in view of Williams et al. (US 2014/0078174).
As to Claim 1, Williams et al. discloses A display terminal comprising:
a photographing unit (fig.2-3, camera 215); a display unit (fig.3, display 225), and
a control unit (fig.2-3, processor controller 255; para.0064), wherein the display terminal has a search mode, and the control unit is configured to:
upon switching to the search mode based on a user instruction, control the photographing unit to acquire an image within a field of view of the user (para.0067,0119; The image capture module 362 can be configured to capture an image of an object within the field of view of the camera 215 of the mobile device 120. The image capture module 362 can be configured to capture the image of the object within the field of view of the camera 215 in response to the user a user command);
analyze whether an icon figure corresponding to an executable application is present in the image (fig.3,5; para.0069- the image identification module 364 can be configured to recognize certain icons, symbols, or other markings that indicate that an object on which the icon, symbol, or other marking is visible is associated with one or more applications that can be executed on the mobile device 120; para.0070,0072- The image identification module 364 can also be configured to compare the image of an object to the contents of the object database 350 to identify the object and/or object type of an object in the image and to identify which, if any, applications are associated with the object and/or object type in the image; para.0077,0118-0122);
when one icon figure is present, automatically start the application corresponding to the icon figure (fig.3,5,7; para.0121, 0122- The process can continue with automatically launching an application associated with the object on the mobile device (stage 520). Once an application or applications associated with an object and/or object type have been identified, an application associated with the object and/or object can be launched on the mobile device 120 by the application launcher module 366; para.0131-0133); and
when a plurality of icon figures are present, display the icon figures on the display unit and start the application corresponding to the icon figure selected by the user (fig.3,5,7,9; para.0071; 0077; para.0122- if multiple applications are associated with an object, the user of the mobile device can be prompted for input as to which application that the user would like to download and/or to launch on the mobile device 120; para.0139- used where there are multiple applications associated with an object and/or object type associated with an image captured by the camera 215 of the mobile device 120…The application launcher module 366 can be configured to display the list of applications on the display 225 of the mobile device, and the mobile device 120 can be configured to receive a user input selecting an application to be launched).
Gervautz et al. does not expressly disclose wherein the display terminal has a search mode; and
switching to the search mode based on a user instruction.
Williams et al. discloses a display device comprising an interface that includes a QAR icon 406 enables a QAR search mode, a visual search icon 408 enables a visual search mode, and a social media icon 410 enables a social media search mode, and wherein the QAR search mode the device scans an environment for fiducial markers, QAR or QR codes, and in visual search mode, the device scans the environment for any type of textured target (fig.4A-para.0049-0054).
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 Gervatutz et al. with the teachings of Williams et al, such that the image capture module captures the image of the object within the field of view of the camera in response to user selection of a search mode. The motivation being to enable a user to select between different types of search modes and present content in accordance with the selected search mode.
As to Claim 3, Gervautz et al. in view of Williams et al. disclose wherein the display terminal is a head-mounted display (Gervautz-para.0061).
As to Claim 4, Gervautz et al. in view of Williams et al. do not expressly disclose wherein the control unit is configured to terminate the search mode based on a termination instruction from the user. However, Gervautz et al. in view Williams et al. disclose where a user may select between different types of search modes (Williams-fig.4A-para.0050). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to terminate a search mode in response to user unselect the selected search mode or by switching to another search mode, in order to enable the user to interact with different types of search modes.
As to Claim 5, Gervautz et al. in view of Williams et al disclose wherein the display unit is configured to display a search instruction button, and the control unit is configured to switch to the search mode in response to selection of the search instruction button (Williams-fig.4A- icons 406,408,410 enable different search modes; para.0050).
As to Claim 6, Gervautz et al. in view of Williams et al. disclose wherein the control unit is configured to control the photographing unit to acquire the image within the field of view of the user (Gervautz- para.0067- The image capture module 362 can be configured to capture the image of the object within the field of view of the camera 215 in response to the user a user command) once when the search mode is switched on (Williams-fig.4A-para.0050, 0069,0075; enable search modes, where the device scan an environment and captures image from the environment)
As to Claims 7,9-12 are method claims drawn to the apparatus of Claims 1,3-6 and are rejected for the reasons as set forth above.
Claim(s) 2,8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gervautz et al. (US 2014/0267770) in view of Williams et al. (US 2014/0078174), further in view of Uenohara et al. (US 2020/0064981).
As to Claim 2, Gervautz et al. in view of Williams et al. disclose repeatedly perform the analysis and the process of starting the application corresponding to the icon figure at predetermined time intervals (Gervautz-fig.5,7,9).
Gervautz et al. in view of Williams et al. disclose where the application launcher module 366 can also be configured to provide an option to cancel the launch of an application, and if the user of the mobile device 120 selects the application to cancel the launch of the application, no application associated with the object will be launched on the mobile device 120 (Gervautz-para.0139).
Gervautz et al. in view of Williams et al. do not expressly when the icon figure is displayed after the process of starting the application, control the display unit not to display the icon figure.
Uenohara et al. discloses where when the system starts/launches an application, the system deletes an automatic start setting for the corresponding application and deletes the corresponding application from the map (para.0083).
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 by Gervautz et al. in view of Williams et al., with the teachings of Uenohara et al., the motivation being to provide settings for displaying an application icon and automatically starting/launching an application that is associated with the application icon at a desired time.
Response to Arguments
Applicant's arguments filed 06/29/2026 have been fully considered but they are not persuasive.
Applicant argues “…By employing "matching" as the determination condition, the present invention ensures that the specific application registered in the icon DB is always invoked. This successfully prevents the invocation of unintended applications, which clearly distinguishes the present invention from Gervautz”
Applicant further argues “paragraphs [0086] and [0113] of Gervautz state that when multiple applications are associated with an object, a "list of multiple applications" is presented to the user. Implementing such a list-display interface on a display terminal (e.g., an HMD) directly contradicts the fundamental objective of the present invention. Displaying a text-heavy list for multiple recognized objects would significantly obstruct the user's real-world vision and severely degrade operability. Therefore, Gervautz does not teach or suggest the configuration or the technical effects of the present invention”
The examiner respectfully disagrees.
Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e.,”matching”; “controlling the UI behavior based on the number of objects/icons physically present within the field of view”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
In this case, in the combination of Gervautz et al. in view of Williams et al., Gervautz discloses where the image capture module of the mobile device may capture an image of an object within the field of view of the camera (para.0067, 0119). Gervautz et al. further discloses
analyze whether an icon figure corresponding to an executable application is present in the image (fig.3,5; para.0069, 0070, 0072, 0077, 0118-0122; - the image identification module 364 can be configured to recognize certain icons, symbols, or other markings that indicate that an object on which the icon, symbol, or other marking is visible is associated with one or more applications that can be executed on the mobile device 120);
when one icon figure is present, automatically start the application corresponding to the icon figure (fig.3,5,7; para.0121, 0122, 0131-0133; The process can continue with automatically launching an application associated with the object on the mobile device (stage 520). Once an application or applications associated with an object and/or object type have been identified, an application associated with the object and/or object can be launched on the mobile device 120 by the application launcher module 366); and
when a plurality of icon figures are present, display the icon figures on the display unit and start the application corresponding to the icon figure selected by the user (fig.3,5,7,9; para.0071; 0077; para.0122- if multiple applications are associated with an object, the user of the mobile device can be prompted for input as to which application that the user would like to download and/or to launch on the mobile device 120; para.0139- used where there are multiple applications associated with an object and/or object type associated with an image captured by the camera 215 of the mobile device 120…The application launcher module 366 can be configured to display the list of applications on the display 225 of the mobile device, and the mobile device 120 can be configured to receive a user input selecting an application to be launched).
Therefore, Gervautz et al. in view of Williams et al. disclose the claim limitations as recited.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: see PTO-892 form.
THIS ACTION IS MADE FINAL. 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.
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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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/DISMERY MERCEDES/Primary Examiner, Art Unit 2627
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