Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. Claims 1-20 are presented for examination.
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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(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 1-7, 11-13 and 17-20 are rejected under 35 U.S.C. 102(a)(1)/ 102(a)(2) as being anticipated by Im et al (PG Pub NO 2013/0033483)
As in claim 1, Im et al discloses a method comprising: detecting a movement of a first object through a three-dimensional (3D) space using a 3D sensor [(Fig 2, 10-13 & 20 and Par 0147 and 0161) discloses detecting movement of a first object through a three-dimensional (3D) space using 3D sensor (camera 121);
determining a control plane associated with a surface of the first object; (Fig 10-14, 29 and 30) discloses sensing gesture input in a 3D sensing space using control plane (i.e. an area between the user and display device) that is related to the control object (i.e. hand).
comparing the movement of the first object to the control plane; (Fig 10-14, 29 and 30) discloses comparing the movement of the first object to the control plane (i.e. virtual layers)
and determining a level of engagement of the first object with a virtual control based, at least in part, on a location of the first object. (Fig 1, 10, 11, 13, 14, 29 and 30 and Par 0117-0118) discloses determining a level of engagement of first object (i.e. hand) with a virtual control (i.e. virtual layers) based on movement of first object (i.e. hand) in a control plane wherein the direction of the movement of the first object with respect to the surface of the control plane.
As in claim 2, Im et al discloses the method of claim 1, comprising: sensing a movement of a sub-object of the first object through the 3D space using the 3D sensor; processing the movement of the sub-object of the first object; and identifying a gesture as controlling the virtual control based, at least in part, on a direction of the movement of the sub-object. (Fig 14 and Par 0135) discloses based on sensed movement of the sub-object (i.e. finger) in 3D space the system interpret said movement (i.e. holding between two fingers) and subsequent move as selection of different level in the multi-layer presentation tree (i.e. virtual layer).
As in claim 3, Im et al discloses the method of claim 2, wherein the sub-object is a portion of the first object. (Fig 13- 14 and Par 0135) discloses first object (i.e. hand) and sub-object (i.e. finger)
As in claim 4, Im et al discloses the method of claim 2, wherein the first object is a hand and the sub-object is a finger of the hand. (Fig 13- 14 and Par 0135) discloses first object (i.e. hand) and sub-object (i.e. finger)
As in claim 5, Im et al discloses the method of claim 2, wherein the first object is a hand and the sub-object of the first object is at least one of: a finger, a palm, or a back of the hand. (Fig 13- 14 and Par 0135) discloses first object (i.e. hand) and sub-object (i.e. finger)
As in claim 6, Im et al discloses the method of claim 1, wherein the virtual control is pre-selected before the movement is sensed. (Fig 10-20, 28) discloses user moving object that are pre-selected to be moved.
As in claim 7, Im et al discloses the method of claim 1, comprising: comparing a speed of the movement to a threshold; and presenting the movement as a path on a display based, at least in part on, the speed of the movement satisfying the threshold. (Par 0158, 0161) discloses determining movement as a path on a display if the speed of movement exceeds a pre-determine threshold (i.e. critical value of a speed of the user’s gesture)
As in claim 11, Im et al discloses the method of claim 1, wherein the first object is a part of a body. (Fig 13- 14 and Par 0135) discloses the first object is a part of a body (i.e. hand)
As in claim 12, Im et al discloses the method of claim 1, wherein the first object is a hand, and the movement is a gesture of the hand. (Fig 13- 14 and Par 0135) discloses the first object (i.e. hand) that is used to enter input (gesture); [Par 0088] various gestures of the user U, a hand gesture using a hand H of the user U is exemplified and [Par 0147] FIG. 17, when the user U makes a gesture that moves a hand from a first point P1, which is a starting point of a hand gesture, to a second point, which is an ending point P2 of a hand gesture, the virtual layer L can move to the right side by a distance corresponding to a separation distance between the first point P1 and the second point P2
As in claim 13, Im et al discloses the method of claim 1, wherein the 3D sensor comprises one or more cameras that capture images of the 3D space. (Fig 1-2 item 121 and Par 0065) discloses 3D sensor cameras that capture images of the 3D sensor space.
As in claim 17, Im et al discloses a non-transitory computer-readable medium having computer instructions recorded thereon that, when executed by one or more processors, cause the one or more processors to perform operations [(Par 0075-0081) [0075] The memory 160 may store a program for operation of the controller 180 and [0081] According to software implementation, embodiments such as procedures or functions may be implemented with a separate software module executing at least one function or operation. Software codes may be implemented according to a software application written in an appropriate software language. The software codes may be stored in the memory 160 and executed by the controller 180]
comprising:
determining a control plane associated with a surface of the first object; (Fig 10-14, 29 and 30) discloses sensing gesture input in a 3D sensing space using control plane (i.e. an area between the user and display device) that is related to the control object (i.e. hand).
comparing the movement of the first object to the control plane; (Fig 10-14, 29 and 30) discloses comparing the movement of the first object to the control plane (i.e. virtual layers)
and determining a level of engagement of the first object with a virtual control based, at least in part, on a location of the first object. (Fig 1, 10, 11, 13, 14, 29 and 30 and Par 0117-0118) discloses determining a level of engagement of first object (i.e. hand) with a virtual control (i.e. virtual layers) based on movement of first object (i.e. hand) in a control plane wherein the direction of the movement of the first object with respect to the surface of the control plane.
As in claim 18, Im et al discloses the non-transitory computer-readable medium of claim 17, wherein the operations include: sensing a movement of a sub-object of the first object through the 3D space using the 3D sensor; processing the movement of the sub-object of the first object; and identifying a gesture as controlling the virtual control based, at least in part, on a direction of the movement of the sub-object. (Fig 14 and Par 0135) discloses based on sensed movement of the sub-object (i.e. finger) in 3D space the system interpret said movement (i.e. holding between two fingers) and subsequent move as selection of different level in the multi-layer presentation tree (i.e. virtual layer).
As in claim 19, Im et al discloses a system (Fig 1 item 160) comprising one or more processors and a memory storing computer instructions that, when executed by the one or more processors (Par 0075-0081), cause the one or more processors to perform operations comprising:
determining a control plane associated with a surface of the first object; (Fig 10-14, 29 and 30) discloses sensing gesture input in a 3D sensing space using control plane (i.e. an area between the user and display device) that is related to the control object (i.e. hand).
comparing the movement of the first object to the control plane; (Fig 10-14, 29 and 30) discloses comparing the movement of the first object to the control plane (i.e. virtual layers)
and determining a level of engagement of the first object with a virtual control based, at least in part, on a location of the first object. (Fig 1, 10, 11, 13, 14, 29 and 30 and Par 0117-0118) discloses determining a level of engagement of first object (i.e. hand) with a virtual control (i.e. virtual layers) based on movement of first object (i.e. hand) in a control plane wherein the direction of the movement of the first object with respect to the surface of the control plane.
As in claim 20, Im et al discloses the system (Fig 1 item 160) of claim 19, wherein the operations include: sensing a movement of a sub-object of the first object through the 3D space using the 3D sensor; processing the movement of the sub-object of the first object; and identifying a gesture as controlling the virtual control based, at least in part, on a direction of the movement of the sub-object. (Fig 14 and Par 0135) discloses based on sensed movement of the sub-object (i.e. finger) in 3D space the system interpret said movement (i.e. holding between two fingers) and subsequent move as selection of different level in the multi-layer presentation tree (i.e. virtual layer).
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 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 of this title, 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) 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Im et al (PG Pub NO 2013/0033483).
As in claim 8, Im et al discloses the method of claim 7, wherein the threshold is at least 20 cm per second. (Par 0158, 0161) discloses determining movement as a path on a display if the speed of movement exceeds a pre-determine threshold (i.e. critical value of a speed of the user’s gesture), but fails to discloses said pre-determined threshold be 20 cm per second. However it would have been obvious to an ordinary skill person in the art to set pre-determined threshold speed to be 20 cm per second as an alternate design choice wherein particular movement speed is set to determine movement of a path.
As in claim 9, Im et al discloses the method of claim 7, wherein the threshold is at least 30 cm per second. (Par 0158, 0161) discloses determining movement as a path on a display if the speed of movement exceeds a pre-determine threshold (i.e. critical value of a speed of the user’s gesture), but fails to discloses said pre-determined threshold be 30 cm per second. However it would have been obvious to an ordinary skill person in the art to set pre-determined threshold speed to be 30 cm per second as an alternate design choice wherein particular movement speed is set to determine movement of a path.
As in claim 10, Im et al discloses the method of claim 7, wherein the threshold is at least 40 cm per second. (Par 0158, 0161) discloses determining movement as a path on a display if the speed of movement exceeds a pre-determine threshold (i.e. critical value of a speed of the user’s gesture), but fails to discloses said pre-determined threshold be 40 cm per second. However it would have been obvious to an ordinary skill person in the art to set pre-determined threshold speed to be 40 cm per second as an alternate design choice wherein particular movement speed is set to determine movement of a path.
Claim(s) 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Im et al (PG Pub NO 2013/0033483) in view of Holz (PG Pub NO 2013/0182897).
As in claim 14, Im et al discloses the method of claim 1, wherein the 3D sensor comprises one or more cameras that capture images of the 3D space [(Fig 1-2 item 121 and Par 0065) discloses 3D sensor cameras that capture images of the 3D sensor space];
but fails to disclose the 3D space is illuminated by one or more infrared light-emitting diodes (LEDs); and the cameras are sensitive to infrared light. However, Holz (Par 0050,0096 and Fig 11) discloses the use of infrared (IR) camera that is capable of capturing an image of an object and infrared light source (e.g., an IR light-emitting diode) that approximates a point light source is placed between the cameras to create a strong contrast between the object of interest (in this case, a hand) and background. Therefore, it would have been obvious to an ordinary skill person in the art at the filing to modify Im et al with the teaching of Holz such that the 3D sensing camera used can be infrared (IR) camera having infrared light source in order to improve input detection (i.e. hand detection) in different lighting condition as well as have an alternate detection camera to yield same predictable result.
As in claim 15, Im et al discloses the method of claim 1, (Fig 1-2 item 121 and Par 0065) discloses 3D sensor cameras used to capture gesture input of the user in a 3D sensor space; but fails to disclose the 3D space is provided with sound waves from sonic sources. However, Holz (Par 0009,0013 and 0133 ) discloses capturing an image generated by casting an output from one or more sources (e.g. a sonic source/ sound waves) onto the object; analyzing the image and reconstructing the position and shape of the object in 3D space. Furthermore Holz (0133) discloses the use of sound waves. Therefore, it would have been obvious to an ordinary skill person in the art at the filing to modify Im et al with the teaching of Holz such that an alternat method of sensing users’ input/gesture in 3D space can be detected via with sound waves from sonic sources to yield same predictable result (i.e. detect user’s input/gesture within 3D space)
As in claim 16, Im et al discloses the method of claim 1, but fails to disclose the 3D space is provided with sound waves from sonic sources; and the 3D sensor comprises one or more sonic sensors that capture sonic shadows or deflections in the 3D space of the sound waves. However, Holz (Par 0113) discloses sonic sensors that capture sonic shadows. Therefore, it would have been obvious to an ordinary skill person in the art at the filing to modify Im et al with the teaching of Holz such that an alternat method of sensing users’ input/gesture in #D space can be detected via with ultrasound waves from sonic sources to yield same predictable result (i.e. detect user’s input/gesture within 3D space)
Conclusion
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/BENYAM KETEMA/Primary Examiner, Art Unit 2626
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