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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/01/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1,3,7 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1,13,20 of U.S. Patent No. 12,372,789. Although the claims at issue are not identical, they are not patentably distinct from each other because: The patent claims include all of the limitations of the
instant application claims, respectively. The patent claims also include additional limitations. Hence, the
instant application claims are generic to the species of invention covered by the respective patent
claims. As such, the instant application claims are anticipated by the patent claims and are therefore not
patentably distinct therefrom. (See Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2D 1869, "a later
genus claim limitation is anticipated by, and therefore not patentably distinct from, an earlier species
claim", In re Goodman, 29 USPQ2d 2010, "Thus, the generic invention is 'anticipated' by the species of
the patented invention" and the instant “application claims are generic to species of invention covered
by the patent claim, and since without terminal disclaimer, extant species claims preclude issuance of
generic application claims”).
Instant Application: 19/256,259
1. A display terminal comprising:
a photographing unit; a display unit; and
a control unit, wherein the display terminal has a search mode, and
US Patent 12,372,789
1. A display terminal including a photographing device, the display terminal comprising: a communication interface configured to perform data communication with an external device and to perform as a signal reception unit for receiving a beacon signal from a beacon; 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;
a processor which when executing at least one program configures the processor to: analyze an image captured by the photographing device;
analyze whether an icon figure corresponding to an executable application is present in the image;
when one icon figure is present, automatically start the application corresponding to the icon figure; and
extract one or more real objects on the image which exist in an external field;
specify an icon figure matching each of the one or more real objects on the image; and when the communication interface receives the beacon signal which includes the information for limiting the processing performed nearby from the beacon, the processor enters a search mode to capture the image in a visual field by the photographing device and starts the program;
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.
analyze the beacon signal to specify a type of an icon which is required; collates the extracted one or more real objects only with the one or more icons that match the type as specified;
specify one or more icons, and when multiple icon figures are present in the image: specify each of the icon figures as an icon;
extract one or more icons of a specified type based on a selection of the specified type; display the extracted one or more icons corresponding to the multiple icon figures, respectively, on the display terminal; and start an application associated with the extracted one or more icons in response to an instruction by a user to select one of the extracted one or more icons; and
when only one icon figure is present in the image: specify the only one icon figure as an icon; and start an application associated with the only one icon automatically.
Claim 3
Claim 7
Claim 13
Claim 20
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- 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.
Conclusion
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