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 .
Information Disclosure Statement
The references cited in the IDS have been considered by examiner.
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 claim 1, 4-6 and 12-17 of U.S. Patent No. 11,188,286. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following reason (see table below for details).
Current App. No. 19/441,681
U.S. Patent No. 11,188,286
Claim 1. An electronic device, comprising: one or more processors; and memory storing one or more programs configured to be executed by the one or more processors, the one or more programs including instructions for:
Claim 1. An electronic device, comprising: one or more processors; and memory storing one or more programs configured to be executed by the one or more processors, the one or more programs including instructions for:
obtaining image data of a physical environment captured by an image sensor;
detecting one or more external devices; obtaining image data of a physical environment captured by an image sensor;
determining whether the image data includes a representation of a physical appearance of an external device, wherein determining whether the image data includes a representation of the physical appearance of the external device comprises:
determining whether the image data includes a representation of a physical appearance of a first external device of the one or more detected external devices, wherein determining whether the image data includes a representation of the physical appearance of the first external device comprises:
determining, based on the image data, a probability that the image data includes a representation of the physical appearance of the external device; and
determining, based on the image data, a probability that the image data includes a representation of the physical appearance of the first external device; and
determining whether the probability exceeds a predetermined threshold value; and
determining whether the probability exceeds a predetermined threshold value; and
in accordance with determining that the image data includes a representation of the physical appearance of the external device, causing a display to concurrently present:
in accordance with determining that the image data includes a representation of the physical appearance of the first external device:
a view of the physical environment; and
causing a display to concurrently display: a representation of the physical environment according to the image data; and
an affordance corresponding to a function of the external device, wherein detecting user activation of the displayed affordance causes the external device to perform an action corresponding to the function.
an affordance corresponding to a function of the first external device, wherein detecting user activation of the displayed affordance causes the first external device to perform an action corresponding to the function.
Claim 2.
Claim 4.
Claim 3.
Claim 5.
Claim 4.
Claim 6.
Claim 5.
Claim 12.
Claim 6.
Claim 13.
Claim 7.
Claim 14.
Claim 8.
Claim 15.
Claim 9.
Claim 16.
Claim 10.
Claim 17.
Claim 11. A non-transitory computer-readable storage medium storing one or more programs configured to be executed by one or more processors of an electronic device, the one or more programs including instructions for:
Claim 1. An electronic device, comprising: one or more processors; and memory storing one or more programs configured to be executed by the one or more processors, the one or more programs including instructions for:
obtaining image data of a physical environment captured by an image sensor;
detecting one or more external devices; obtaining image data of a physical environment captured by an image sensor;
determining whether the image data includes a representation of a physical appearance of an external device, wherein determining whether the image data includes a representation of the physical appearance of the external device comprises:
determining whether the image data includes a representation of a physical appearance of a first external device of the one or more detected external devices, wherein determining whether the image data includes a representation of the physical appearance of the first external device comprises:
determining, based on the image data, a probability that the image data includes a representation of the physical appearance of the external device; and
determining, based on the image data, a probability that the image data includes a representation of the physical appearance of the first external device; and
determining whether the probability exceeds a predetermined threshold value; and
determining whether the probability exceeds a predetermined threshold value; and
in accordance with determining that the image data includes a representation of the physical appearance of the external device,
in accordance with determining that the image data includes a representation of the physical appearance of the first external device:
causing a display to concurrently present:
causing a display to concurrently display:
a view of the physical environment; and
a representation of the physical environment according to the image data; and
an affordance corresponding to a function of the external device, wherein detecting user activation of the displayed affordance causes the external device to perform an action corresponding to the function.
an affordance corresponding to a function of the first external device, wherein detecting user activation of the displayed affordance causes the first external device to perform an action corresponding to the function.
Claim 12
Claim 4.
Claim 13.
Claim 5.
Claim 14.
Claim 6.
Claim 15.
Claim 12.
Claim 16.
Claim 13.
Claim 17.
Claim 17.
Claim 18. A method comprising: at an electronic device having a processor and memory:
Claim 1. An electronic device, comprising: one or more processors; and memory storing one or more programs configured to be executed by the one or more processors, the one or more programs including instructions for:
obtaining image data of a physical environment captured by an image sensor;
detecting one or more external devices; obtaining image data of a physical environment captured by an image sensor;
determining whether the image data includes a representation of a physical appearance of an external device, wherein determining whether the image data includes a representation of the physical appearance of the external device comprises:
determining whether the image data includes a representation of a physical appearance of a first external device of the one or more detected external devices, wherein determining whether the image data includes a representation of the physical appearance of the first external device comprises:
determining, based on the image data, a probability that the image data includes a representation of the physical appearance of the external device; and
determining, based on the image data, a probability that the image data includes a representation of the physical appearance of the first external device; and
determining whether the probability exceeds a predetermined threshold value; and
determining whether the probability exceeds a predetermined threshold value; and
in accordance with determining that the image data includes a representation of the physical appearance of the external device,
in accordance with determining that the image data includes a representation of the physical appearance of the first external device:
causing a display to concurrently present: a view of the physical environment; and
causing a display to concurrently display: a representation of the physical environment according to the image data; and
an affordance corresponding to a function of the external device, wherein detecting user activation of the displayed affordance causes the external device to perform an action corresponding to the function.
an affordance corresponding to a function of the first external device, wherein detecting user activation of the displayed affordance causes the first external device to perform an action corresponding to the function.
Claim 19.
Claim 4.
Claim 20.
Claim 17.
The instant application claim is broader in every aspect than the patent claim and is therefore an obvious variant thereof.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Sarangdhar et al (U.S. Patent Pub. No. 2018/0204385) discloses a method and device for obtaining real time status and controlling of transmitting devices.
Lopez et al (U.S. Patent Pub. No. 2016/0274762) discloses a device interfaction in augmented reality.
Chen et al (U.S. Patent Pub. No. 2015/0100803) discloses a method for controlling electronic apparatus, handheld electronic apparatus and monitoring system.
Inquiries
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LONG D PHAM whose telephone number is (571)270-5573. The examiner can normally be reached Monday - Friday: 9am-5pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chanh D Nguyen can be reached at 571-272-7772. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LONG D PHAM/Primary Examiner, Art Unit 2623
