CTNF 19/309,201 CTNF 89193 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. Priority This application discloses and claims only subject matter disclosed in prior Application No. 18586122, filed 2/23/2024, and names the inventor or at least one joint inventor named in the prior application. Accordingly, this application may constitute a continuation or divisional. Should applicant desire to claim the benefit of the filing date of the prior application, attention is directed to 35 U.S.C. 120, 37 CFR 1.78, and MPEP § 211 et seq. The presentation of a benefit claim may result in an additional fee under 37 CFR 1.17(w)(1) or (2) being required, if the earliest filing date for which benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c) and 1.78(d) in the application is more than six years before the actual filing date of the application. Double Patenting 08-33 AIA 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. 08-34 AIA Claim 17 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 24 of U.S. Patent No. 12399600 . Although the claims at issue are not identical, they are not patentably distinct from each other because both applications recite substantially similar claim limitations . 19/309201 U.S. Patent No. 12399600 17. A wearable device comprising: at least one frame for positioning the wearable device on a body of a user; at least one display; at least one processor; and at least one memory, the at least one memory storing a set of instructions, which, when executed, cause the at least one processor to: receive, in response to movement of a contact across a surface of a device, a sensor signal from a motion sensor coupled to the device; and move a selection element within a user interface in correspondence with the movement of the contact across the surface of the device, and based on the sensor signal from the motion sensor. 24. A wearable device comprising: at least one frame for positioning the wearable device on a body of a user; at least one display; at least one processor; and at least one memory, the at least one memory storing a set of instructions, which, when executed, cause the at least one processor to: receive, in response to a touch event, a sensor signal from a motion sensor coupled to the wearable device, the wearable device providing a user interface using the at least one display, with a rendering space that is defined relative to the wearable device; associate the touch event with a contact space defined with respect to the wearable device, based on the sensor signal; and render a user interface event of the user interface within the rendering space that corresponds to the contact space . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 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. 07-23-aia AIA 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. 07-21-aia AIA Claim s 2, 4 – 7, 10 – 12, 14 – 17, 19 – 21 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. ( U.S. Patent Publication 20230351672 A1 Assignee: Apple ) in view of Lee et al. ( U.S. Patent Publication 20200125234 A1 ) . Regarding claim 2, claim 2 is rejected for same reason as claim 17. Regarding claims 4, 14, 19, Zhang and Lee disclose wherein the device provides the user interface with respect to a rendering space that is defined relative to the device, and further comprising: tracking the contact within a contact map defined with respect to the surface of the device, based on the sensor signal; (Lee [0043] [0027] – [0036]) and moving the selection element within the rendering space in correspondence with the tracking of the contact within the contact map. (Lee [0043] [0027] – [0036]) Regarding claim 5, Zhang and Lee disclose wherein the device includes an extended reality device, and further comprising:moving the selection element within the rendering space and relative to a physical environment surrounding the extended reality device. (Lee [0043] [0027] – [0036]) Regarding claims 6, 15, 20 Zhang and Lee disclose wherein the device includes an extended reality device, and further comprising:moving the selection element within the rendering space and relative to a virtual environment generated by the extended reality device. (Lee [0043] [0027] – [0036]) Regarding claims 7, 16, 21, Zhang and Lee disclose further comprising:associating the contact with a contact space within the contact map; andrendering a user interface event of the user interface within the rendering space that corresponds to the contact space. (Lee [0043] [0027] – [0036]) Regarding claim 10, Zhang and Lee disclose wherein the device includes a head mounted device (HMD). (Zhang [0046] [0051]) Regarding claim 11, Zhang and Lee disclose further comprising:receiving the sensor signal from an inertial measurement unit (IMU). (Zhang [0061] [0080]) Regarding claim 12, claim 12 is rejected for same reason as claim 17. Regarding claim 17, Zhang discloses A wearable device comprising: at least one frame for positioning the wearable device on a body of a user; (Fig. 1, [0003] Embodiments of a mixed reality system are described that may include a device such as a headset, helmet, goggles, or glasses worn by the user, and a separate computing device, referred to herein as a base station. The device and base station may each include wireless communications technology that allows the device and base station to communicate and exchange data via a wireless connection. The device may include world-facing sensors that collect information about the user’s environment and user-facing sensors that collect information about the user. [0046] Device 100 may, for example be a head-mounted device (HMD) such as a headset, helmet, goggles, or glasses that may be worn by a user 190. The mixed reality frames may include computer generated information (referred to as virtual content) composited with real world images or a real world view to augment, or add content to, a user’s view of the world, or alternatively may include representations of real world objects composited with views of a computer generated three-dimensional (3D) virtual world.) at least one display; ([0003] [0046]) at least one processor; ([0003] [0046]) and at least one memory, the at least one memory storing a set of instructions, which, when executed, cause the at least one processor to: ([0003] [0046]) receive, in response to movement of a contact across a surface of a device, a sensor signal from a motion sensor coupled to the device; ([0061] The information collected by head pose sensors may, for example, be used to augment information collected by an inertial-measurement unit (IMU) 206 of the device 200. The augmented position, orientation, and/or motion information may be used in determining how to render and display virtual views of the user’s environment and virtual content within the views. [0080] The mixed reality system may include a device such as a headset, helmet, goggles, or glasses that includes a display component for displaying frames including left and right images to a user’s eyes to thus provide 3D virtual views to the user. The 3D virtual views may include views of the user’s environment augmented with virtual content (e.g., virtual objects, virtual tags, etc.). The mixed reality system may also include a base station configured to receive sensor inputs, including frames captured by cameras on the device as well as eye and motion tracking inputs, from the device via a wireless interface, render mixed reality frames at least in part according to the sensor inputs, compress the mixed reality frames, and transmit the compressed frames to the device via the wireless interface for display. [0373] ) and Zhang does not disclose “move a selection element within a user interface in correspondence with the movement of the contact across the surface of the device, and based on the sensor signal from the motion sensor”. Lee discloses “move a selection element within a user interface in correspondence with the movement of the contact across the surface of the device, and based on the sensor signal from the motion sensor”. ([0043] [0027] – [0036]) It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate user interface by Lee into device of Zhang. The suggestion/motivation would have been to improve efficiency. (Lee: [0043]) Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 3, 8, 9, 13, 18 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 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20200050342 A1 discloses motion signal on [0019] Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHUN-NAN LIN whose telephone number is (571)272-5646. The examiner can normally be reached Monday - Thursday 7:30am - 6pm. 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, Benjamin C Lee can be reached at 571-2722963. 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. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CHUN-NAN LIN/Primary Examiner, Art Unit 2629 Application/Control Number: 19/309,201 Page 2 Art Unit: 2629 Application/Control Number: 19/309,201 Page 3 Art Unit: 2629 Application/Control Number: 19/309,201 Page 4 Art Unit: 2629 Application/Control Number: 19/309,201 Page 5 Art Unit: 2629 Application/Control Number: 19/309,201 Page 6 Art Unit: 2629 Application/Control Number: 19/309,201 Page 7 Art Unit: 2629 Application/Control Number: 19/309,201 Page 8 Art Unit: 2629 Application/Control Number: 19/309,201 Page 9 Art Unit: 2629 Application/Control Number: 19/309,201 Page 10 Art Unit: 2629 Application/Control Number: 19/309,201 Page 11 Art Unit: 2629 Application/Control Number: 19/309,201 Page 12 Art Unit: 2629 Application/Control Number: 19/309,201 Page 13 Art Unit: 2629
