DETAILED ACTION
It would be of great assistance to the Office if all incoming papers pertaining to a filed application carried the following items:
1. Application number (checked for accuracy, including series code and serial no.).
2. Group art unit number (copied from most recent Office communication).
3. Filing date.
4. Name of the examiner who prepared the most recent Office action.
5. Title of invention.
6. Confirmation number (See MPEP § 503).
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 – 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 20 of U.S. Patent No. 12,517,364 in view of Bejot (US 2018/0124370).
Claim 1 of Instant Application
Claim 1 of U.S. Patent No. 12,517,364
An eyewear device comprising:
a frame configured to be worn on a head of a user;
a display system supported by the frame, the display system having a field of view;
a temperature sensor supported by the frame, the temperature sensor configured to detect a temperature of the eyewear device;
and electronics supported by the frame, the electronics coupled to the display system and the temperature sensor, the electronics having at least two power configuration modes and comprising a processing system configured to:
run an augmented reality (AR) capture service that records an AR experience,
the AR capture service including a first operating state in which the AR experience is recorded and a second operating state in which the AR experience is not recorded;
monitor the temperature of the temperature sensor;
compare the monitored temperature to a threshold temperature;
notify the AR capture service of an upcoming change from a first of the at least two power configuration modes to a second of the at least two power configuration modes responsive to the monitored temperature reaching the threshold temperature;
change the electronics from the first power configuration mode to the second power configuration mode after notifying the AR capture service, and operate the AR capture service in the first operating state when the electronics are in the first power configuration mode and operate the AR capture service in the second operating state when the electronics are in the second power configuration mode.
An eyewear device comprising:
a frame configured to be worn on a head of a user;
a display system supported by the frame, the display system having a field of view;
a temperature sensor supported by the frame, the temperature sensor configured to detect a temperature of the eyewear device;
and electronics supported by the frame, the electronics coupled to the display system and the temperature sensor, the electronics having at least two power configuration modes and comprising a processing system configured to:
run an over-render border service configured to render images outside the field of view of the display system by a number of pixels,
the over-render border service including a first operating state that renders images outside the field of view for the number of pixels and a second operating state that reduces or eliminates the number of pixels for rendering images outside the field of view;
monitor the temperature of the temperature sensor;
compare the monitored temperature to a threshold temperature;
notify the over-render border service of an upcoming change from a first of the at least two power configuration modes to a second of the at least two power configuration modes responsive to the monitored temperature reaching the threshold temperature;
change the electronics from the first power configuration mode to the second power configuration mode after notifying the over-render border service, and operate the over-render border service in the first operating state when the electronics are in the first power configuration mode and operate the over-render border service in the second operating state when the electronics are in the second power configuration mode.
Claim 1 of U.S. Patent No. 12,517,364 fails to disclose that the service is an augmented reality (AR) capture service that records an AR experience,
the AR capture service including a first operating state in which the AR experience is recorded and a second operating state in which the AR experience is not recorded
In the same field of endeavor, Bejot discloses an augmented reality (AR) capture service that records an AR experience (an AR device 200 captures an AR experience presented to a user [0018], [0042]).
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 teachings of claim 1 of U.S. Patent No. 12,517,364 and the teachings of Bejot such that an augmented reality (AR) capture service was performed as disclosed by Bejot and corresponding to the over-render border service of claim 1 of U.S. Patent No. 12,517,364, the AR capture service included a first operating state in which the AR experience was recorded and a second operating state in which the AR experience was not recorded, with motivation to fully relive or review that unique AR experience (Bejot [0017]).
Claim 2 of Instant Application is similarly rejected over claim 2 of U.S. Patent No. 12,517,364 in view of Bejot.
Claim 3 of Instant Application is similarly rejected over claim 3 of U.S. Patent No. 12,517,364 in view of Bejot.
Claim 4 of Instant Application is similarly rejected over claim 4 of U.S. Patent No. 12,517,364 in view of Bejot.
Claim 5 of Instant Application is similarly rejected over claim 5 of U.S. Patent No. 12,517,364 in view of Bejot.
Claim 6 of Instant Application is similarly rejected over claim 6 of U.S. Patent No. 12,517,364 in view of Bejot.
Claim 7 of Instant Application is similarly rejected over claim 7 of U.S. Patent No. 12,517,364 in view of Bejot.
Claim 8 of Instant Application is similarly rejected over claim 8 of U.S. Patent No. 12,517,364 in view of Bejot.
Claim 9 of Instant Application is similarly rejected over claim 9 of U.S. Patent No. 12,517,364 in view of Bejot.
Claim 10 of Instant Application is similarly rejected over claim 10 of U.S. Patent No. 12,517,364 in view of Bejot.
Claim 11 of Instant Application is similarly rejected over claim 11 of U.S. Patent No. 12,517,364 in view of Bejot.
Claim 12 of Instant Application is similarly rejected over claim 12 of U.S. Patent No. 12,517,364 in view of Bejot.
Claim 13 of Instant Application is similarly rejected over claim 13 of U.S. Patent No. 12,517,364 in view of Bejot.
Claim 14 of Instant Application is similarly rejected over claim 14 of U.S. Patent No. 12,517,364 in view of Bejot.
Claim 15 of Instant Application is similarly rejected over claim 15 of U.S. Patent No. 12,517,364 in view of Bejot.
Claim 16 of Instant Application is similarly rejected over claim 16 of U.S. Patent No. 12,517,364 in view of Bejot.
Claim 17 of Instant Application is similarly rejected over claim 17 of U.S. Patent No. 12,517,364 in view of Bejot.
Claim 18 of Instant Application is similarly rejected over claim 18 of U.S. Patent No. 12,517,364 in view of Bejot.
Claim 19 of Instant Application is similarly rejected over claim 19 of U.S. Patent No. 12,517,364 in view of Bejot.
Claim 20 of Instant Application is similarly rejected over claim 20 of U.S. Patent No. 12,517,364 in view of Bejot.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DMITRIY BOLOTIN whose telephone number is (571)270-5873. The examiner can normally be reached M-F 9AM - 5PM.
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/DMITRIY BOLOTIN/ Primary Examiner, Art Unit 2623
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