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.
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Claims 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 and 17 of U.S. Patent No. 12,462,443. Although the claims at issue are not identical, they are not patentably distinct from each other because all claimed limitations of claims 21-40 of the instant application are encompassed by claimed limitations of claims 1-8 and 17 of the patent as follow:
Instant application (claim 21)
U.S. 12,462,443 (claims 1 and 4)
An electronic device comprising:
A wearable electronic device comprising:
at least one display; at least one camera configured to capture an image of surroundings of the electronic device; memory configured to store instructions; and at least one processor comprising a processing circuitry, wherein the instructions, when executed by the at least one processor individually or
collectively, cause the electronic device to:
a display; a camera configured to capture an image of a foreground; a memory configured to store instructions; and a processor, wherein the instructions, when executed by the processor, cause the wearable electronic device to:
obtain a first image of a first space using the at least one camera; based on receiving a first input, acquire information related to the first space by analyzing the first image, wherein the information related to the first space includes
information related to at least one plane disposed in the first space and information related to at least one first virtual object disposed in the first space; store the information related to the first space in the memory;
identify a space where the wearable electronic device is located from the captured image using the camera; when the identified space is a first space, analyze the first space using the camera and the sensor; and store information of the first space and information related to a configuration of an object placed by the user in the first space,
obtain a second image of a second space using the at least one camera; based on receiving a second input, acquire information related to the second space by analyzing the second image, wherein the information related to the second space includes information related to at least one plane disposed in the second space;
and determine whether the space is changed to a second space from the first space based on the captured image; when the space is changed to the second space, analyze the second space using the camera and the sensor;
identify that the second space is different from the first space based on the information related to the second space and the information related to the first space;
a result of comparison between information of at least one plane included in the first space and information of at least one plane included in the second space;
relocate the at least one first virtual object in second space using the information
related to the first space stored in the memory; and display the relocated at least one first virtual object through the at least one display.
relocate the configuration of the object based on information of the analyzed second space in the second space; and display the object having been relocated in the second space on the display.
Claims 31 and 40 are rejected for the same rationale as the rejection of claim 21.
Regarding claims 22 and 32, see claim 2 of the patent.
Regarding claims 23 and 33, see claim 3 of the patent.
Regarding claims 24 and 34, see claim 4 of the patent.
Regarding claims 25 and 35, see claim 5 of the patent.
Regarding claims 26 and 36, see claim 6 of the patent.
Regarding claims 27 and 37, see claim 7 of the patent.
Regarding claims 28 and 38, see claim 8 of the patent.
Regarding claim 29, see claim 17 of the patent.
Regarding claims 30 and 39, see claim 5 of the patent.
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 21-40 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Willkie (US 2023/0186569).
Regarding claim 21, Willkie discloses an electronic device (XR device, para. 0056) comprising:
at least one display (display devices of XR system, fig. 1, para. 0060);
at least one camera (102, para. 0060) configured to capture an image of surroundings of the electronic device;
memory configured to store instructions (108, para. 0005); and
at least one processor (810, fig. 8) comprising a processing circuitry,
wherein the instructions, when executed by the at least one processor (810) individually or collectively, cause the electronic device (para. 0127) to:
obtain a first image of a first space (image of a first space 209, fig. 2B) using the at least one camera (paras. 0073 and 0088);
based on receiving a first input, acquire information related to the first space by
analyzing the first image, wherein the information related to the first space includes
information related to at least one plane disposed in the first space and information related to at least one first virtual object disposed in the first space (detect available spaces within the surface plane 218, the XR system 100 can perform object detection to detect objects on the surface 212 of the table 210 in the scene 200, paras. 0084-0085);
store the information related to the first space in the memory (para. 0153);
obtain a second image of a second space (image of a second space 208, fig. 2B) using the at least one camera (paras. 0073 and 0088);
based on receiving a second input, acquire information related to the second space by analyzing the second image, wherein the information related to the second space includes information related to at least one plane disposed in the second space (detect available spaces within the surface plane 218, the XR system 100 can perform object detection to detect objects on the surface 212 of the table 210 in the scene 200, paras. 0084-0085);
identify that the second space is different from the first space based on the information related to the second space and the information related to the first space (para. 0088);
relocate the at least one first virtual object (206) in second space using the information related to the first space stored in the memory (para. 0088); and
display the relocated at least one first virtual object through the at least one display (para. 0088).
Regarding claims 22 and 32, Willkie discloses the information related to
the first space further comprises at least one of a direction, a position, a rotation angle, a size value of the at least one plane in the first space relative to the electronic device, a background sound, or a background effect (paras. 0074 and 0085), and
wherein the information related to the second space further comprises at least one of the number of a plane disposed in the second space, a direction, a position, a rotation angle, or a size value of the at least one plane in the second space relative to the electronic device (paras. 0074 and 0085).
Regarding claims 23 and 33, Willkie discloses the information related to a
configuration of the at least one first virtual object comprises at least one of a position of the at least one first virtual object relative to the electronic device, information on a plane on which the at least one first virtual object depends, a position, rotation, a size value relative to the plane on which the at least one first virtual object depends, or relevant application information (such as size or shape of a particular virtual content item, para. 0075).
Regarding claims 24 and 34, Willkie discloses executed by the at least one processor individually or collectively, further cause the electronic device to relocate the configuration of the at least one first virtual object based on a result of comparison between information of the at least one plane disposed in the first space and information of the at least one plane disposed in the second space (para. 0088).
Regarding claims 25 and 35, Willkie discloses in response to that a quantity and directions of the at least one plane disposed in the first space match those of the at least one plane disposed in the second space, and plane sizes of the first space match those of the second space within a designated range (para. 0075),
adjust a size of the at least one first virtual object and place the at least one first virtual object to correspond to a ratio between a size of a plane on which the at least one first virtual object is placed in the first space and a size of a plane of the second space corresponding to the plane on which the at least one first virtual object is placed in the first space (para. 0075).
Regarding claims 26 and 36, Willkie discloses in response to that a quantity and directions of the at least one plane disposed in the first space match those of the at least one plane disposed in the second space, and plane sizes of the first space do not match those of the second space by a designated range or greater (para. 0075),
adjust a position and a size of the at least one first virtual object and place the at least one first virtual object so as to include the at least one first virtual object in a size of a plane of the second space corresponding to a plane on which the at least one first virtual object is placed in the first space (para. 0075).
Regarding claims 27 and 37, Willkie discloses in response to that a quantity of the at least one plane disposed in the first space does not match that of the at least one plane disposed in the second space (para. 0075),
adjust a position and a size of the at least one first virtual object and place the at least one first virtual object, based on a characteristic of a plane of the second space corresponding to a plane on which the at least one first virtual object is placed in the first space (para. 0075).
Regarding claims 28 and 38, Willkie discloses the first input is for saving
object configuration and the second input is for loading the saved object configuration (paras. 0084-0085).
Regarding claim 29, Willkie discloses the electronic device is an augmented reality headgear (para. 0019), and
wherein the at least one display is disposable in front of eyes of a user (para. 0019).
Regarding claims 30 and 39, Willkie discloses identify a ratio between parameter of the at least one plane in the first space and parameter of the at least one plane in the second space (para. 0096), and
adjust a size of the at least one first virtual object in the second space to correspond to the identified ratio (para. 0098).
Regarding claim 31, Willkie discloses a method of operating an electronic device (XR device, para. 0056), the method comprising:
obtaining a first image of a first space (image of a first space 209, fig. 2B) using at least one camera of the electronic device (paras. 0073 and 0088);
based on receiving a first input, acquiring information related to the first space by
analyzing the first image, wherein the information related to the first space includes
information related to at least one plane disposed in the first space and information related to at least one first virtual object disposed in the first space (detect available spaces within the surface plane 218, the XR system 100 can perform object detection to detect objects on the surface 212 of the table 210 in the scene 200, paras. 0084-0085);
storing the information related to the first space in memory of the electronic device (para. 0153);
obtaining a second image of a second space (image of a second space 208, fig. 2B) using the at least one camera (paras. 0073 and 0088);
based on receiving a second input, acquiring information related to the second space by analyzing the second image, wherein the information related to the second space includes information related to at least one plane disposed in the second space (detect available spaces within the surface plane 218, the XR system 100 can perform object detection to detect objects on the surface 212 of the table 210 in the scene 200, paras. 0084-0085);
identifying that the second space is different from the first space based on the
information related to the second space and the information related to the first space (para. 0088);
relocating the at least one first virtual object in second space using the information related to the first space stored in the memory (para. 0088); and
displaying the relocated at least one first virtual object through the at least one display (para. 0088).
Regarding claim 40, Willkie discloses one or more non-transitory computer-readable storage media storing computer-executable instructions (108, para. 0005) that, when executed by at least one processor of an electronic device (XR device, para. 0056), cause the at least one processor (810, fig. 8) to perform operations, the operations comprising:
obtaining a first image of a first space (image of a first space 209, fig. 2B) using at least one camera of the electronic device (paras. 0073 and 0088);
based on receiving a first input, acquiring information related to the first space by
analyzing the first image, wherein the information related to the first space includes
information related to at least one plane disposed in the first space and information related to at least one first virtual object disposed in the first space (detect available spaces within the surface plane 218, the XR system 100 can perform object detection to detect objects on the surface 212 of the table 210 in the scene 200, paras. 0084-0085);
storing the information related to the first space in memory of the electronic device (para. 0153);
obtaining a second image of a second space (image of a second space 208, fig. 2B) using the at least one camera (paras. 0073 and 0088);
based on receiving a second input, acquiring information related to the second space by analyzing the second image, wherein the information related to the second space includes information related to at least one plane disposed in the second space (detect available spaces within the surface plane 218, the XR system 100 can perform object detection to detect objects on the surface 212 of the table 210 in the scene 200, paras. 0084-0085);
identifying that the second space is different from the first space based on the
information related to the second space and the information related to the first space (para. 0088);
relocating the at least one first virtual object in second space using the information related to the first space stored in the memory (para. 0088); and
displaying the relocated at least one first virtual object through the at least one display (para. 0088).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Krauss et al. (US 2019/0272138) disclose a processor 26 may thereby relocate the graphical content item to track the user's head orientation and/or gaze, even when relocating the graphical content item includes transferring it from the first display device 12 to the second display device 14 (para. 0044).
Ren et al. (US 2024/0095984) disclose moves the virtual object 310 in the three-dimensional environment (para. 0048).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER T NGUYEN whose telephone number is (571)272-7696. The examiner can normally be reached Mon-Fri 7:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin C Lee can be reached at 5712722963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENNIFER T NGUYEN/Primary Examiner, Art Unit 2629
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