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.
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.
Claims 1, 9 and 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 8-9, and 16-17 of U.S. Patent No. 12,373,081. Although the claims at issue are not identical, they are not patentably distinct from each other because
Instant Application
U.S. Patent No. 12,373,081
1. A method comprising: at an electronic device in communication with one or more displays and one or more input devices:
presenting, via the one or more displays, an XR environment including a first user interface including a plurality of content items in a first region of the XR environment at a first depth within the XR environment;
while presenting the XR environment, detecting, via the one or more input devices, a first input; and
in response to the first input:
presenting a second user interface different from the first user interface including a content item of the plurality of content items at a second depth within the XR environment different from the first depth.
1. A method comprising: at an electronic device in communication with a display and one or more input devices:
presenting, via the display, an XR environment including a first user interface element including a first plurality of content items in a first region of the XR environment and including a second user interface element including a second plurality of content items in a second region of the XR environment;
while presenting the XR environment, detecting, via the one or more input devices, a first scrolling input;
in response to the first scrolling input: updating an appearance of the first user interface element; and moving the second user interface element from the second region of the XR environment to the first region of the XR environment.
8. The method of claim 1, wherein the first region is at a first depth with the XR environment and the second region is at a second depth within the XR environment, different form the first depth.
9. An electronic device in communication with one or more displays and one or more input devices, the electronic device comprising:
one or more processors; memory; and one or more programs stored in the memory and configured to be executed by the one or more processors,
the one or more programs including instructions for:
presenting, via the one or more displays, an XR environment including a first user interface including a plurality of content items in a first region of the XR environment at a first depth within the XR environment;
while presenting the XR environment, detecting, via the one or more input devices, a first input; and
in response to the first input:
presenting a second user interface different from the first user interface including a content item of the plurality of content items at a second depth within the XR environment different from the first depth.
9. An electronic device comprising:
a display;
one or more input devices;
(Note: it is well known in the art for an electronic device to have a memory; and one or more programs stored in the memory and configured to be executed by the one or more processors)
one or more processors configured for:
presenting, via the display, an XR environment including a first user interface element including a first plurality of content items in a first region of the XR environment and including a second user interface element including a second plurality of content items in a second region of the XR environment;
while presenting the XR environment, detecting, via the one or more input devices, a first scrolling input;
in response to the first scrolling input: updating an appearance of the first user interface element; and moving the second user interface element from the second region of the XR environment to the first region of the XR environment.
16. The electronic device of claim 9, wherein the first region is at a first depth with the XR environment and the second region is at a second depth within the XR environment, different form the first depth.
17. A non-transitory computer readable storage medium storing one or more programs, the one or more programs comprising instructions, which when executed by one or more processors of an electronic device in communication with one or more displays and one or more input devices, cause the electronic device to:
present, via the one or more displays, an XR environment including a first user interface including a plurality of content items in a first region of the XR environment at a first depth within the XR environment;
while presenting the XR environment, detect, via the one or more input devices, a first input; and
in response to the first input:
present a second user interface different from the first user interface including a content item of the plurality of content items at a second depth within the XR environment different from the first depth.
17. A non-transitory computer readable storage medium storing instructions, which when executed by one or more processors of an electronic device including a display and one or more input devices, cause the electronic device to:
present, via the display, an XR environment including a first user interface element including a first plurality of content items in a first region of the XR environment and including a second user interface element including a second plurality of content items in a second region of the XR environment;
while presenting the XR environment, detect, via the one or more input devices, a first scrolling input;
in response to the first scrolling input:
update an appearance of the first user interface element; and move the second user interface element from the second region of the XR environment to the first region of the XR environment.
16. The electronic device of claim 9, wherein the first region is at a first depth with the XR environment and the second region is at a second depth within the XR environment, different form the first depth.
The instant Application claim is broader in every aspect than the patent claim and is therefore an obvious variant thereof. Although the conflicting claims are not identical, they are not patentability distinct from each other because the instant Application claim is generic to all that is recited in the above patent claim. The more specific anticipates the broader (see In re Goodman – 29 USPQ2d 2010), also see Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2d, 189 and Miller v. Eagle Mfg. Co., 151 U.S. 186 1894). Therefore, the instant claim is anticipated by the above patent claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 9 and 17 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chor et al. (US 11644940).
As to claim 1, Chor discloses a method comprising: at an electronic device in communication with one or more displays (Fig. 18A(1824)) and one or more input devices (Fig. 18A(1822))):
presenting, via the one or more displays (Fig. 18A(1824)), an XR environment including a first user interface (Fig. 19I(1916)) including a plurality of content items in a first region of the XR environment at a first depth (Fig. 19I: depth of 1916 is interpreted as a “first depth”) within the XR environment (Fig. 19I, col. 65, lines 30-52);
while presenting the XR environment, detecting, via the one or more input devices (Fig. 18A(1822)), a first input (col. 65, line 30 – col. 66, line 23: user 1902 can select user interface object 1904-2 via pointer 1906 and input device 1822); and
in response to the first input: presenting a second user interface (Fig. 19J(1918)) different from the first user interface (Fig. 19J(1916)) including a content item of the plurality of content items at a second depth (Fig. 19J: depth of 1918 is interpreted as a “second depth”) within the XR environment different from the first depth (Fig. 19J: depth of 1916 is interpreted as a “first depth”, col. 66, lines 56-63: in various embodiments, dashboard panels displayed in the background area are displayed at a further depth from the user. For example, in FIG. 19L, the dashboard panels 1908 in the background area are located at further depth from the user 1902 than the dashboard panels 1918 in the foreground area).
As to claim 9, it is the apparatus performs the operation of claim 1. Please see claim 1 for detail analysis.
As to claim 17, it is a non-transitory computer readable storage medium storing the instructions to perform the functions of claim 1. Please see claim 1 for detail analysis.
Allowable Subject Matter
Claims 2-8, 10-16 and 18-24 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AFROZA Y CHOWDHURY whose telephone number is (571)270-1543. The examiner can normally be reached M-F 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nitin Patel can be reached at (571)272-7677. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AFROZA CHOWDHURY/Primary Examiner, Art Unit 2628
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