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
Claims 1 – 12, 15 of this application is patentably indistinct from claims 1 – 12, 15 of Application No. 19469440. Pursuant to 37 CFR 1.78(f), when two or more applications filed by the same applicant or assignee contain patentably indistinct claims, elimination of such claims from all but one application may be required in the absence of good and sufficient reason for their retention during pendency in more than one application. Applicant is required to either cancel the patentably indistinct claims from all but one application or maintain a clear line of demarcation between the applications. See MPEP § 822.
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1 – 12, 15 are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1 – 12, 15 of copending Application No. 19469440 (reference application). This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
19469437
19469440 (reference application)
A method for emulation of a physical input device for touchless control of a computer device, wherein the computer device comprises and/or is communicatively coupled to sensor means, the sensor means being configured for observing an interaction space in which user interaction is intended to occur for controlling the computer device , the method comprising:
determining, based at least partially on sensor data captured using the sensor means , at least one characteristic of a user's hand while the user mimics use of a physical input device at least partially within the interaction space ; and
generating at least one control command that corresponds to an input command that would have been generated if the user would have used the physical input device, at least based on the at least one determined characteristic of the user's hand.
A method for emulation of a physical input device for touchless control of a computer device, wherein the computer device comprises and/or is communicatively coupled to sensor means, the sensor means being configured for observing an interaction space in which user interaction is intended to occur for controlling the computer device , the method comprising:
determining, based at least partially on sensor data captured using the sensor means , at least one characteristic of a user's hand while the user mimics use of a physical input device at least partially within the interaction space ; and
generating at least one control command that corresponds to an input command that would have been generated if the user would have used the physical input device, at least based on the at least one determined characteristic of the user's hand.
12. A data processing apparatus, preferably an electronic device, more preferably a computer device, comprising:
a processor; and
a memory storing a computer program which, when executed by the processor, causes the apparatus to carry out a method comprising:
determining, based at least partially on sensor data captured using sensor means, at least one characteristic of a user's hand while the user mimics use of a physical input device at least partially within an interaction space; and
generating at least one control command that corresponds to an input command that would have been generated if the user would have used the physical input device, at least based on the at least one determined characteristic of the user's hand.
12. A data processing apparatus, preferably an electronic device, more preferably a computer device, comprising:
a processor; and
a memory storing a computer program which, when executed by the processor, causes the apparatus to carry out a method comprising:
determining, based at least partially on sensor data captured using sensor means (108), at least one characteristic of a user's hand (116) while the user mimics use of a physical input device (106) at least partially within an interaction space (114); and
generating at least one control command that corresponds to an input command that would have been generated if the user would have used the physical input device (108), at least based on the at least one determined characteristic of the user's hand.
15. A computer-readable medium having stored thereon a computer program, the computer program comprising instructions which, when the program is executed by a computer, cause the computer to carry out a method, comprising:
determining, based at least partially on sensor data captured using sensor means, at least one characteristic of a user's hand while the user mimics use of a physical input device at least partially within an interaction space: and
generating at least one control command that corresponds to an input command that would have been generated if the user would have used the physical input device, at least based on the at least one determined characteristic of the user's hand.
15. A computer-readable medium having stored thereon a computer program, the computer program comprising instructions which, when the program is executed by a computer, cause the computer to carry out a method, comprising:
determining, based at least partially on sensor data captured using sensor means, at least one characteristic of a user's hand while the user mimics use of a physical input device at least partially within an interaction space: and
generating at least one control command that corresponds to an input command that would have been generated if the user would have used the physical input device, at least based on the at least one determined characteristic of the user's hand.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5, 7, 8, 9, 10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 line 2 recites “includes one or more of:”
Claim 5 line 3 – 15 recites four different limitations.
Claim 5 line 3 – 7 recites “……., and/or”.
Claim 5 line 8 – 9 recites “….., and/or”.
Claim 5 line 2 requires “includes one of”.
Preamble only requires “includes one of”.
How can line 7 recites “and”, and line 9 recites “and”?
Therefore, claim boundary is indefinite.
Claim 7 recites “…..;
optionally, ……;
optionally, ….”
Optionally denotes an action or item that is left to personal choice or preference, and is not required.
Therefore, the claim scope of claim 7 is not clear.
Examiner suggests applicant clearly define claim scope in a later filing.
Claims 8, 9, 10 has same issue as claim 7.
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 (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 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.
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.
Claims 1 – 12, 15 are rejected under 35 U.S.C. 103 as being unpatentable over Musgrave et al. (U.S. Patent Publication 20150277566 A1) in view of Zhang et al. (U.S. Patent Publication 20230116341 A1).
Regarding claim 1, claim 1 is rejected for same reason of claim 12.
Regarding claim 2, Musgrave and Zhang disclose the method further comprising: observing, using the sensor means, the interaction space being at least partially located at a location where user interaction with a computer mouse normally takes place, preferably next to a keyboard associated with the computer device, more preferably adjacent and/or at least partially encompassing a virtual plane defined in space. (Musgrave [0055] – [0059])
Regarding claim 3. Musgrave and Zhang disclose wherein the determined at least one characteristic of the user's hand includes position and/or movement of the user's hand within the interaction space, in particular parallel to a virtual plane defined in space, and/or motion of at least one individual finger of the user's hand. (Zhang [0136] - [0140])
Regarding claim 4, Musgrave and Zhang disclose wherein the at least one control command causes emulation of at least one mouse-functionality based at least partially on the position and/or movement and/or motion, preferably wherein generating the at least one control command is performed in a mouse emulation mode. (Musgrave [0055] – [0059])
Regarding claim 5, Musgrave and Zhang disclose wherein emulation of at least one mouse- functionality includes one or more of:
manipulating a position of a pointer, in particular a mouse pointer or user interface pointer, on a displayed scene, wherein the position and/or movement of the displayed pointer depends on the determined position and/or movement of the user's hand essentially parallel to the virtual plane and/or depends on the determined motion of at least one individual finger of the user's hand , and/or
executing a click operation, in particular depending on the determined motion of at least one individual finger of the user's hand, ([0061] [0067] [0068] Claim has 112(b) issue, Reference teach one limitation will satisfy claim limitations) and/or
executing a scroll operation depending on the determined position and/or movement of the user's hand essentially parallel to the virtual plane and/or depending on the determined motion of at least one individual finger of the user's hand ; and/or
executing a swipe operation depending on the determined position and/or movement of the user's hand essentially parallel to the virtual plane and/or depending on the determined motion of at least one individual finger of the user's hand .
Regarding claim 6, Musgrave and Zhang disclose further comprising:
detecting the presence of the user's hand within the interaction space and at least one reference attribute and/or reference portion of the user's hand based at least partially on the captured sensor data; (Musgrave [0055] – [0059])
locking, preferably upon a trigger action of the user, the user's hand based on the at least one reference attribute and/or reference portion, wherein one or more of the following is performed: (Musgrave [0055] – [0059])
re-detecting the user's hand based on the at least one reference attribute and/or reference portion in order to facilitate further interaction seamlessly in the event that the user removes the hand from the interaction space and subsequently reintroduces the hand into the interaction space, (Musgrave [0055] – [0059]) and/or
filtering objects in the interaction space that do not correspond to the user's hand, wherein filtering is performed based on the at least one reference attribute and/or reference portion of the user's hand.
Regarding claim 7, Musgrave and Zhang disclose the method further comprising:
displaying, using a display means, a visual control aid being visually perceptible by the user, (Musgrave [0044] [0063][0030])
optionally, wherein the visual control aid provides the user with an indication of a position of the user's hand and/or movement of the user's hand and/or motion of at least one finger of the user's hand, (the limitation is optionally)
optionally, wherein the visual control aid includes a visually perceptible virtual representation of the user's hand, the virtual representation preferably having the shape of a hand, (the limitation is optionally)
optionally, wherein the visual control aid includes a visually perceptible virtual representation of at least part of the interaction space, wherein an indication of a position of the user's hand and/or movement of the user's hand and/or motion of at least one finger of the user's hand is indicated with respect to the virtual representation of the interaction space; (the limitation is optionally) and/or
projecting, using a projector, a visual indication providing the user at least partially with an indication of the position and/or size of the interaction space. (the limitation is or)
Regarding claim 8, Musgrave and Zhang disclose the method further comprising:
recording, using a microphone, voice input of the user and generating at least one voice-based control command, (Zhang [0053])
optionally wherein the at least one voice-based control command is related to the emulation of at least one mouse-functionality and/or gesture interaction, and/or the at least one voice-based control command is supplementary commands facilitating further functionalities of the computer device if combinedly detected with the at least one characteristic, preferably position, movement and motion, of the user's hand. (the limitation is optionally)
Regarding claim 9, Musgrave and Zhang disclose the method further comprising:
switching, upon detecting a trigger event, in particular performed by the user, into a gesture interaction mode configured to detect free space gestures, optionally wherein the trigger event is predetermined and/or adjustable by the user; (Musgrave [0037] [0038] [0039])
generating, in the gesture interaction mode, at least one control command based on at least one characteristic of the user's hand, preferably based on movement of the user's hand and/or motion of at least one individual finger within the interaction space (114), wherein the at least one control command causes the computer device to perform actions associated with the detected free space gestures; (Musgrave [0051] - [0055])
optionally switching back to the mouse emulation mode upon a trigger event and/or automatically after expiry of a period of time in which no free space gesture was detected, the period of time preferably being predetermined and/or adjustable by the user; (the limitation is optionally)
optionally, wherein gesture classification is performed using a gesture classifier which is executed by the computer device, wherein gesture classification includes determining the type of a gesture based on a gesture database including at least one of the following gesture types: open or close the start menu, close window, show desktop, open the file explorer, start voice input, lock computer, minimize all windows, maximize window, open settings, open notification center, open calendar, lock device orientation, take a screenshot, toggle between apps on the taskbar, open the screen magnifier, zoom in, zoom out, open specific app. (the limitation is optionally)
Regarding claim 10, Musgrave and Zhang disclose wherein the sensor means at least includes two cameras of the same type, preferably two 2D-cameras, more preferably two infrared cameras, having an overlapping field of view and preferably being arranged spaced apart from each other; (Musgrave [0049] – [0053])
optionally wherein the sensor means (108) further includes an infrared laser projector projecting an infrared laser pattern configured to support the sensor means to capture sensor data, in particular depth information; (the limitation is optionally)
optionally wherein at least one of the cameras is oriented to have a field of view being oriented essentially downwards, in particular with respect to the direction of gravity. (the limitation is optionally)
Regarding claim 11 Musgrave and Zhang disclose wherein the computer device comprises a display means being configured to display a scene to the user, (Musgrave [0044] [0063][0030])
wherein the sensor means includes at least one, preferably two, sensor device(s), wherein at least one of the at least one sensor device(s) having a field of view extending at least partly across the display means from a left side to a right side and/or vice versa with respect to at least one orientation of the display means during usage; (Musgrave [0051][0052][0053] [0061])
and/or
wherein the sensor means includes at least one, preferably two, sensor device(s), wherein at least one of the at least one sensor device(s) is oriented having a field of view covering at least part of a spatial area in front of the display means, preferably the spatial area being located between the user and the display means; (the limitation is or)
and/or
wherein the sensor means is arranged at or integrated in an edge area of the display means, the sensor means including at least one, preferably two, sensor device(s), wherein at least one of the at least one sensor device(s) is oriented having a field of view covering an opposing part of the display frame. (the limitation is or)
Regarding claim 12, Musgrave discloses A data processing apparatus, preferably an electronic device, more preferably a computer device, comprising:
a processor; (Fig. 1, 108) and
a memory (Fig. 1, 109) storing a computer program which, when executed by the processor, causes the apparatus to carry out a method comprising:
determining, based at least partially on sensor data captured using sensor means (Fig 1, 150 [0031] System 10 of the current embodiment also has a system sensor module 150. Various orientation sensors are included in this module to assist with determining the relative orientation of the information handling system. Subcategories of orientation sensors include motion sensors 152, image sensors 154, and sound sensors 156. Sensor system module 150 is a sensor hub, or an accumulator device, that collects raw data from connected orientation sensors, and organizes and processes data received from the connected sensors. Such a sensor hub may be an independent microcontroller such as the STMicro Sensor Fusion MCU as well as other microcontroller processing systems known to persons of ordinary skill.), at least one characteristic of a user's hand (116) while the user mimics use of a physical input device at least partially within an interaction space; ([0047] The user indication device 427, in the shown embodiment the user's hand, is shown performing a free space gesture 428. In one embodiment, the side mount camera 470 is located along a side edge of an example tablet computer. The side mount camera 470 may be located on the left, right, top, or bottom side edge. In an alternative embodiment, the free space gestures may be made in space at the center of the information handling system 410, for example over the thin film display screen. In that embodiment, a side mount camera 470 may be used or, alternatively one or more parts of the vision system may be located on the front surface of the information handling system. [0048] Free space gesture 428 corresponds to a cursor movement 429 by way of virtual I/O control using the gesture detection system and the methods described herein. Images of the free space gesture 428 are detected and captured by the vision system side mount camera 470 and image sensor 471 for interpretation and transformation into cursor control commands. [0049]) and
generating at least one control command that corresponds to an input command ([0048] Free space gesture 428 corresponds to a cursor movement 429 by way of virtual I/O control using the gesture detection system and the methods described herein. Images of the free space gesture 428 are detected and captured by the vision system side mount camera 470 and image sensor 471 for interpretation and transformation into cursor control commands.).
Musgrave does not disclose “that would have been generated if the user would have used the physical input device, at least based on the at least one determined characteristic of the user's hand”.
Zhang discloses “that would have been generated if the user would have used the physical input device, at least based on the at least one determined characteristic of the user's hand”. (Figs. 11- 13, [0137] In some examples, the direction to move the selection focus may be determined only if a defined gesture (e.g., pinch open gesture followed by pinch closed gesture) is detected. Then, each time the user performs the defined gesture while the displacement is maintained may be interpreted as a control to move the selection focus one step in the determined direction. This may mimic the way a user may interact with a D-pad by repeatedly pressing a directional key to move step-by-step among the targets of the UI. In other examples, instead of using a defined gesture, some other input mechanism (e.g., verbal input or a physical button) may be used to move the selection focus one step in the determined direction. For example, the user may move their hand in a vertical direction, then use a verbal command to move the selection focus one step in the vertical direction. [0136] [0140])
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 mimic by Zhang into device of Musgrave. The suggestion/motivation would have been to improve efficiency. (Zhang: [0137])
Regarding claim 15, claim 15 is rejected for same reason of claim 12.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent Publication 20200050281 A1 discloses Fig, 1A, 1B, 2, 3A [0046] determining a zone corresponding to the region of space in which the portion of the hand or other detectable object was detected.
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.
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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 571-2722963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHUN-NAN LIN/Primary Examiner, Art Unit 2629
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