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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 12, and 20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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, 12, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 16, and 19 of U.S. Patent No. 12,405,657. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the present application represent a broader version of the claims of U.S. Pat # 12,405,657 and therefore are anticipated by the patented claims.
Present Application
12,405,657
1. A method comprising: receiving sensor data from at least one of a camera or a depth sensor of an electronic device; determining based on the sensor data, a presence of at least one of a first hand or a second hand; and at least one of: responsive to determining the presence of the first hand, causing a display device of the electronic device to present a first user interface (UI) of a first application, or responsive to determining the presence of the second hand, causing the display device to present a second UI of a second application, wherein the first application is different from the second application.
1. A method comprising: capturing, by a wearable multimedia device, sensor data from at least one of a camera or a depth sensor of the wearable multimedia device; determining, by the wearable multimedia device, based on the sensor data, a presence of at least one of a first hand or a second hand; and at least one of: responsive to determining the presence of the first hand, projecting, using a laser projector of the wearable multimedia device, a first virtual interface (VI) of a first application on a first surface of the first hand, or responsive to determining the presence of the second hand, projecting, using the laser projector, a second VI of a second application on a second surface of the second hand, wherein the first application is different from the second application.
12. A system comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the one or more processors to perform operations comprising: receiving sensor data from at least one of a camera or a depth sensor of an electronic device; determining based on the sensor data, a presence of at least one of a first hand or a second hand; and at least one of: responsive to determining the presence of the first hand, causing a display device of the electronic device to present a first user interface (UI) of a first application, or responsive to determining the presence of the second hand, causing the display device to present a second UI of a second application, wherein the first application is different from the second application.
16. A wearable multimedia device, comprising: at least one of a camera or a depth sensor; a laser projector; one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the one or more processors to perform operations comprising: capturing sensor data using at least one of the camera or the depth sensor; determining, based on the sensor data, a presence of at least one of a first hand or a second hand; and at least one of: responsive to determining the presence of the first hand, projecting, using the laser projector, a first virtual interface (VI) of a first application on a first surface of the first hand, or responsive to determining the presence of the second hand, projecting, using the laser projector, a second VI of a second application on a second surface of the second hand, wherein the first application is different from the second application.
20. One or more non-transitory computer-readable media storing instructions that, when executed by at least one processor, cause the at least one processor to perform operations comprising: receiving sensor data from at least one of a camera or a depth sensor of an electronic device; determining based on the sensor data, a presence of at least one of a first hand or a second hand; and at least one of: responsive to determining the presence of the first hand, causing a display device of the electronic device to present a first user interface (UI) of a first application, or responsive to determining the presence of the second hand, causing the display device to present a second UI of a second application, wherein the first application is different from the second application.
19. One or more non-transitory computer-readable media storing instructions that, when executed by at least one processor, cause the at least one processor to perform operations comprising: capturing, by a wearable multimedia device, sensor data from at least one of a camera or a depth sensor of the wearable multimedia device; determining, by the wearable multimedia device, based on the sensor data, a presence of at least one of a first hand or a second hand; and at least one of: responsive to determining the presence of the first hand, projecting, using a laser projector of the wearable multimedia device, a first virtual interface (VI) of a first application on a first surface of the first hand, or responsive to determining the presence of the second hand, projecting, using the laser projector, a second VI of a second application on a second surface of the second hand, wherein the first application is different from the second application.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-8, 10, 12-17, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (pub # 20140115545) in view of Konin et al (pub # 20200202121) and further in view of Kishida (JP 2022012070 A).
Consider claim 1. Liu teaches A method comprising:
receiving sensor data of an electronic device; (Fig. 2 and paragraphs 0027 and 0028, sensors 21 and 22 detecting whether user’s hands are contacting the mobile device).
determining based on the sensor data, a presence of at least one of a first hand or a second hand; (paragraph 0028, When a user operates a mobile phone by using a single hand, if the left hand is used, the palm of the left hand contacts the optical sensor 21 on the left side of the mobile phone, and the optical sensor 21 is covered and the amount of light changes. Therefore, it is determined that the user currently uses the left hand to perform an operation. Paragraph 0029, Likewise, if the user uses the right hand, the palm of the right hand contacts the optical sensor 22 on the right side of the mobile phone, and the optical sensor 22 is covered and the amount of light changes. Therefore, it is determined that the user currently uses the right hand to perform an operation.).
and at least one of:
responsive to determining the presence of the first hand, causing a display device of the electronic device to present a first user interface (UI) of a first application, (paragraph 0029, Therefore, it is determined that the user currently uses the right hand to perform an operation. In this case, the mobile phone displays a first preset operation interface that conforms to a right hand operation habit on the screen.).
or responsive to determining the presence of the second hand, causing the display device to present a second UI of a second application, (paragraph 0028, Therefore, it is determined that the user currently uses the left hand to perform an operation. In this case, the mobile phone displays a second preset operation interface that conforms to a left hand operation habit on the screen.).
Liu does not specifically disclose from at least one of a camera or a depth sensor. However Konin et al in at least paragraph 0023 discloses a camera 221 designed to detect the hands of the user by taking an image of the hand environment. Paragraph 0023 also discloses that the camera 221 may be a depth camera. 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 sensors of Liu to be cameras as disclosed by Konin et al in order to provide an accurate system and method of determining the presence of the user’s hands.
Liu in view of Konin et al does not specifically disclose wherein the first application is different from the second application. However Kishida in at least Fig. 1 as well as the abstract and the highlighted section of page 2 of the attached document discloses a system and method of projecting image information onto both hands of a user. In Fig. 1 Kishida discloses projecting image information 110 related to a video call is projected onto the user’s right hand and image information 120 related to a chat screen is projected onto the user’s left hand. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system and method of displaying different applications depending whether it is the left or right hand as disclosed by Kishida in order to improve the user experience by allowing the user to choose a variety of applications simply by using a different hand.
Consider claim 12. Liu teaches A system comprising:
one or more processors; (paragraph 0009).
and memory storing instructions that, (paragraph 0009).
when executed by the one or more processors, cause the one or more processors to perform operations comprising:
receiving sensor data of an electronic device; (Fig. 2 and paragraphs 0027 and 0028, sensors 21 and 22 detecting whether user’s hands are contacting the mobile device).
determining based on the sensor data, a presence of at least one of a first hand or a second hand; (paragraph 0028, When a user operates a mobile phone by using a single hand, if the left hand is used, the palm of the left hand contacts the optical sensor 21 on the left side of the mobile phone, and the optical sensor 21 is covered and the amount of light changes. Therefore, it is determined that the user currently uses the left hand to perform an operation. Paragraph 0029, Likewise, if the user uses the right hand, the palm of the right hand contacts the optical sensor 22 on the right side of the mobile phone, and the optical sensor 22 is covered and the amount of light changes. Therefore, it is determined that the user currently uses the right hand to perform an operation.).
and at least one of:
responsive to determining the presence of the first hand, causing a display device of the electronic device to present a first user interface (UI) of a first application, (paragraph 0029, Therefore, it is determined that the user currently uses the right hand to perform an operation. In this case, the mobile phone displays a first preset operation interface that conforms to a right hand operation habit on the screen.).
or responsive to determining the presence of the second hand, causing the display device to present a second UI of a second application, (paragraph 0028, Therefore, it is determined that the user currently uses the left hand to perform an operation. In this case, the mobile phone displays a second preset operation interface that conforms to a left hand operation habit on the screen.).
Liu does not specifically disclose from at least one of a camera or a depth sensor. However Konin et al in at least paragraph 0023 discloses a camera 221 designed to detect the hands of the user by taking an image of the hand environment. Paragraph 0023 also discloses that the camera 221 may be a depth camera. 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 sensors of Liu to be cameras as disclosed by Konin et al in order to provide an accurate system and method of determining the presence of the user’s hands.
Liu in view of Konin et al does not specifically disclose wherein the first application is different from the second application. However Kishida in at least Fig. 1 as well as the abstract and the highlighted section of page 2 of the attached document discloses a system and method of projecting image information onto both hands of a user. In Fig. 1 Kishida discloses projecting image information 110 related to a video call is projected onto the user’s right hand and image information 120 related to a chat screen is projected onto the user’s left hand. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system and method of displaying different applications depending whether it is the left or right hand as disclosed by Kishida in order to improve the user experience by allowing the user to choose a variety of applications simply by using a different hand.
Consider claim 20. Liu teaches One or more non-transitory computer-readable media storing instructions that, when executed by at least one processor, (paragraph 0009).
cause the at least one processor to perform operations comprising:
receiving sensor data of an electronic device; (Fig. 2 and paragraphs 0027 and 0028, sensors 21 and 22 detecting whether user’s hands are contacting the mobile device).
determining based on the sensor data, a presence of at least one of a first hand or a second hand; (paragraph 0028, When a user operates a mobile phone by using a single hand, if the left hand is used, the palm of the left hand contacts the optical sensor 21 on the left side of the mobile phone, and the optical sensor 21 is covered and the amount of light changes. Therefore, it is determined that the user currently uses the left hand to perform an operation. Paragraph 0029, Likewise, if the user uses the right hand, the palm of the right hand contacts the optical sensor 22 on the right side of the mobile phone, and the optical sensor 22 is covered and the amount of light changes. Therefore, it is determined that the user currently uses the right hand to perform an operation.).
and at least one of: responsive to determining the presence of the first hand, causing a display device of the electronic device to present a first user interface (UI) of a first application, (paragraph 0029, Therefore, it is determined that the user currently uses the right hand to perform an operation. In this case, the mobile phone displays a first preset operation interface that conforms to a right hand operation habit on the screen.).
or responsive to determining the presence of the second hand, causing the display device to present a second UI of a second application, (paragraph 0028, Therefore, it is determined that the user currently uses the left hand to perform an operation. In this case, the mobile phone displays a second preset operation interface that conforms to a left hand operation habit on the screen.).
Liu does not specifically disclose from at least one of a camera or a depth sensor. However Konin et al in at least paragraph 0023 discloses a camera 221 designed to detect the hands of the user by taking an image of the hand environment. Paragraph 0023 also discloses that the camera 221 may be a depth camera. 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 sensors of Liu to be cameras as disclosed by Konin et al in order to provide an accurate system and method of determining the presence of the user’s hands.
Liu in view of Konin et al does not specifically disclose wherein the first application is different from the second application. However Kishida in at least Fig. 1 as well as the abstract and the highlighted section of page 2 of the attached document discloses a system and method of projecting image information onto both hands of a user. In Fig. 1 Kishida discloses projecting image information 110 related to a video call is projected onto the user’s right hand and image information 120 related to a chat screen is projected onto the user’s left hand. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system and method of displaying different applications depending whether it is the left or right hand as disclosed by Kishida in order to improve the user experience by allowing the user to choose a variety of applications simply by using a different hand.
Consider claims 2 and 13. Liu further teaches The method of claim 1, wherein the display device comprises a display panel. (paragraph 0038, displaying unit 302).
Consider claims 3 and 14. The method of claim 1, wherein the display device comprises a computer monitor. (paragraphs 0037 and 0038, handheld device comprising the displaying unit 302 may be a mobile phone, thus the displaying unit can read on a computer monitor).
Consider claims 4 and 15. Konin et al further teaches The method of claim 1, wherein the electronic device is at least one of embedded in or attached to glasses. (paragraph 0024, projector 222 might be a pair of glasses).
Consider claims 5 and 16. Konin et al further teaches The method of claim 1, wherein the display device comprises a projector, and wherein at least one: the first UI is projected onto the first hand using the projector, or the second UI is projected onto the second hand using the projector. (Paragraph 0024, The augmented reality component 212 outputs display information to the projector 222. The projector causes patterned light to be provided (either directly or indirectly) into the left and right eyes of the user so as to give the illusion to the user that there is something in the user's surroundings in conjunction with the actual surroundings of the user.).
Consider claims 6 and 17. Liu further teaches The method of claim 1, further comprising: determining, based on configuration data, that the first application is associated with the first hand, (paragraph 0029, Therefore, it is determined that the user currently uses the right hand to perform an operation. In this case, the mobile phone displays a first preset operation interface that conforms to a right hand operation habit on the screen.).
and determining, based on the configuration data, that the second application is associated with the second hand. (paragraph 0028, Therefore, it is determined that the user currently uses the left hand to perform an operation. In this case, the mobile phone displays a second preset operation interface that conforms to a left hand operation habit on the screen.).
Consider claim 7. Liu further teaches The method of claim 6, wherein the configuration data is specified, at least in part, by a user. (paragraph 0029, Therefore, it is determined that the user currently uses the right hand to perform an operation. In this case, the mobile phone displays a first preset operation interface that conforms to a right hand operation habit on the screen.).
Consider claim 8. Konin et al further teaches The method of claim 1, further comprising: determining, based on the sensor data, the presence of the first hand, and determining, based on the sensor data, whether a front side or a back side of the first hand faces the electronic device. (paragraph 0029, The method 300 is initiated upon detecting a palm of a display human hand using computer vision (act 301). For instance, the computer vision component 211 of FIG. 2 may be used to allow the computing system 201 to determine that the left hand 101 now has the palm 103 exposed to the user's view. In addition, with the left hand 101 being assigned as the display hand, the computer vision component recognizes the other human hand 102 (act 302).).
Consider claim 10. Liu further teaches The method of claim 1, further comprising: determining, based on the sensor data, the presence of the first hand, (paragraph 0029, Therefore, it is determined that the user currently uses the right hand to perform an operation.).
Konin et al further teaches and determining, based on the sensor data, an arrangement of fingers of the first hand. (paragraph 0033, the user might wave the entirety of the display hand, move a digit of the display hand (e.g., extend the thumb), spread the fingers, tilt the display up or down or away or towards the camera, or any other of an infinite variety of gestures. Alternatively, the gesture may be performed by the input hand. Such input mode changing gestures may be configurable according to the preferences of the user.).
Allowable Subject Matter
Claims 9, 11, 18 and 19 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.
Consider claims 9. The prior art of record does not teach or render obvious The method of claim 8, further comprising: causing the first UI of the first application to be presented further responsive to determining that the front side of the first hand faces the electronic device, causing a third UI of a third application to be presented responsive to determining that the back side of the first hand faces the electronic device.
Consider claim 18. Konin et al further teaches The system of claim 12, the operations further comprising: determining, based on the sensor data, the presence of the first hand, determining, based on the sensor data, whether a front side or a back side of the first hand faces the electronic device, (paragraph 0029, The method 300 is initiated upon detecting a palm of a display human hand using computer vision (act 301). For instance, the computer vision component 211 of FIG. 2 may be used to allow the computing system 201 to determine that the left hand 101 now has the palm 103 exposed to the user's view. In addition, with the left hand 101 being assigned as the display hand, the computer vision component recognizes the other human hand 102 (act 302).).
However the prior art of record does not teach or render obvious causing the first UI of the first application to be presented further responsive to determining that the front side of the first hand faces the electronic device, and causing a third UI of a third application to be presented responsive to determining that the back side of the first hand faces the electronic device.
Consider claim 11. The prior art of record does not teach or render obvious The method of claim 10, further comprising: causing the first UI of the first application to be presented further responsive to determining that the fingers of the first hand are arranged according to a first arrangement, causing a third UI of a third application to be presented responsive to determining that the fingers of the first hand are arranged according to a second arrangement.
Consider claim 19. Konin et al further teaches The system of claim 12, the operations further comprising: determining, based on the sensor data, the presence of the first hand, determining, based on the sensor data, an arrangement of fingers of the first hand. (paragraph 0033, the user might wave the entirety of the display hand, move a digit of the display hand (e.g., extend the thumb), spread the fingers, tilt the display up or down or away or towards the camera, or any other of an infinite variety of gestures. Alternatively, the gesture may be performed by the input hand. Such input mode changing gestures may be configurable according to the preferences of the user.).
However the prior art of record does not teach or render obvious causing the first UI of the first application to be presented further responsive to determining that the fingers of the first hand are arranged according to a first arrangement, and causing a third UI of a third application to be presented responsive to determining that the fingers of the first hand are arranged according to a second arrangement.
Conclusion
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/CHAYCE R BIBBEE/Examiner, Art Unit 2624
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