`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www .uspto.gov
`
`APPLICATION NO.
`
`14/086,763
`
`
`
`
` FILING DATE
`
`11/21/2013
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATIONNO.
`
`Yusuke ADACHI
`
`OKUDP0937US
`
`5468
`
`MARK D. SARALINO (PAN) Le
`
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`1OTH FLOOR
`CLEVELAND, OH 44115
`
`YU, JAN
`
`2142
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`07/17/2017
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`ipdocket @rennerotto.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 14/086,763 ADACHI ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventorto File)
`Office Action Summary
`
`JIAN YU Na 2142
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a).
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Anyreply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`In no event, however, may a reply betimely filed
`
`Status
`1) Responsive to communication(s)filed on 5/8/2017.
`LJ A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiledon__
`2a)X] This action is FINAL.
`2b)L] This action is non-final.
`3)L] Anelection was made bythe applicant in responsetoarestriction requirementset forth during the interview on
`
`
`; the restriction requirement and election have been incorporatedinto this action.
`4)[] Since this application is in condition for allowance exceptfor formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
` Attachment(s)
`
`Disposition of Claims*
`5) Claim(s) 1,3-5,7-11,13-17 and 19-23 is/are pending in the application.
`
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6)L] Claim(s)____is/are allowed.
`
`7) Claim(s) 1, 3-5, 7-11, 13-17 and 19-23 is/are rejected.
`8)L] Claim(s)____is/are objectedto.
`
`9)L] Claim(s)
`are subject to restriction and/or election requirement.
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`or send an inquiry to PPHieedback@uspto.qoy.
`
`Application Papers
`10)L] The specification is objected to by the Examiner.
`
`11)L] The drawing(s)filed on
`is/are: a)L_] accepted or b)L_] objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12)[] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`a)L] All
`b)[-] Some** c)L] None ofthe:
`1..] Certified copies of the priority documents have been received.
`2.L] Certified copies of the priority documents have been received in Application No.
`3.L] Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`““ See the attached detailed Office action for a list of the certified copies not received.
`
`3) CT] Interview Summary (PTO-413)
`1) X Notice of References Cited (PTO-892)
`Paper No(s)/Mail Date.
`:
`.
`4 Ol Other:
`2) CT] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20170606
`
`

`

`Application/Control Number: 14/086,763
`
`Art Unit: 2142
`
`Page 2
`
`1.
`
`The present application is being examined underthe pre-AlA first to invent
`
`DETAILED ACTION
`
`provisions.
`
`2.
`
`This FINAL action is responsive to the Amendment and Remarksfiled on
`
`5/8/2017. Claims 1, 3-5, 7-11, 13-17 and 19-23 are pending in the case. Claims 1 and
`
`17 are independentclaims. Claims 1, 7, 13, 14, 17 and 21 are amended. Claims 2, 6,
`
`12 and 18 are cancelled. Claims 22 and 23 are added.
`
`3.
`
`Applicants’ cancelled claim 12. The claim objection to claim 12 is respectfully
`
`Response to Arguments
`
`withdrawn.
`
`4.
`
`Applicants’ 35 U.S.C. § 103 arguments have been fully considered. Applicants’
`
`argued (REMARKS, page 9-12) the amended claim 1 which incorporates features of
`
`claims 2 and 6, and features in newly added claims 22 and 23 against the previous
`
`mapping/reference of Shimoda in view of Glasson and Lyon/Tomoya/MaclInnes/
`
`SnapShop. The amendments and the new claims lead to updated rejection of Shimoda
`
`in view of Glasson, in further view of Lyon for claim 1 and new groundsofrejection of
`
`Shimodain view of Glasson, in further view of Lyon and Tartz for newly added claims
`
`22 and 23 presented below.
`
`e
`
`Specifically, for amended claim 1, applicants argue that “None of Shimoda,
`
`Glasson or Lyon address changing size of an image ofthe item, or effect on when the
`
`image of the item will exceed or bump into something. For example, opening of a
`
`refrigerator door under Shimodais not a change in size of the image ofthe refrigerator.
`
`

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`Application/Control Number: 14/086,763
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`Art Unit: 2142
`
`Page 3
`
`Rather, it is a different picture of the refrigerator with its door open. Glasson relates to
`
`the size of the picture of a selected clothing changing. Glasson is not concerned with
`
`changing the sized image position exceeding a threshold. Lyon mentions neither the size
`
`of the image of the object 403 changing nor the distanceto the threshold 404 changing
`
`due to changing the size of the image of the object 403.” (page 11 lines 1-9). Examiner
`
`respectfully disagrees. One cannot show nonobviousnessbyattacking
`
`references individually where the rejections are based on combinations of
`
`references. See /n re Keller, 642 F.2d 413, 208 U.S.P.Q. 871 (C.C.P.A. 1981);
`
`In re Merck & Co., 800 F.2d 1091, 231 U.S.P.Q. 375 (Fed. Cir. 1986). Shimodais
`
`relied on to teach the majority of the conceptof the claims, Figs. 12(a-c), 15(a),
`
`paragraphs [0051] and [0056] disclosed the image of an item can be moved
`
`around and bumpedinto a wall (if the object does notfit, it has exceeded the
`
`space threshold), and text or voice feedback can be generated. In addition,
`
`Glasson, Fig. 7, paragraphs [0101] and [0112] disclosed that displayed image be
`
`sized up/down based on user operations. Lyon is merely relied on in Fig. 4B, and
`
`paragraph [0066]to disclosethat tactile feedback can be provided for a user
`
`operation when a threshold is reached on a GUI interface. Therefore, Examiner
`
`respectfully asserts that the cited Shimodain view of Glasson, in further view of
`
`Lyon sufficiently teach the amendedclaim 1.
`
`e
`
`For claim 7, applicants argue that the threshold disclosed in Lyon is not
`
`“... based on an object, e.g., a wall in the synthetic image. The threshold value being
`
`exceeded relates to an item (e.g., a TV) the size of which can be changedbythe user.”
`
`(page 11 lines 10-28). Examiner respectfully disagrees. First, the conceptof
`
`

`

`Application/Control Number: 14/086,763
`
`Art Unit: 2142
`
`Page 4
`
`“threshold value is based on an object, e.g., a wall in the synthetic image”is not
`
`in the claim. In addition, Shimoda Fig. 15(a), paragraph [0056] disclosed the
`
`conceptof a wall being a threshold. Fig. 4B, paragraph [0066] of Lyon is used to
`
`disclose that tactile feedback can be provided for a user operation when a
`
`threshold is reached. Therefore, Examiner respectfully asserts that the cited
`
`Shimoda in view of Glasson, in further view of Lyon sufficiently teach the claim 7.
`
`°
`
`Applicants’ arguments regarding newly added claim 22 (page 11 line 29 to
`
`page 12 line 10) is no longervalid in view of the new groundsof rejection of
`
`Shimodain view of Glasson, and in further view of Lyon and Tartz.
`
`e
`
`Applicant argues that regarding claim 17 the same argumentfor claim 1
`
`applies (page 12, lines 14-16). Therefore at least the reasons regarding the
`
`rejection of claim 1 apply.
`
`e
`
`Claims 3-5, 7-11, 13-16 and 19-23 are dependenton claim 1. Therefore
`
`at least the reasons regarding the rejection of claim 1 apply.
`
`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.
`
`

`

`Application/Control Number: 14/086,763
`
`Art Unit: 2142
`
`Page 5
`
`The following is a quotation of pre-AIA 35 U.S.C. 103(a) which formsthe basis for all
`
`obviousnessrejections setforth in this Office action:
`
`(a) A patent may not be obtained thoughthe inventionis not identically disclosed or described as set
`forth in section 102 of thistitle, if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obviousat the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was made.
`
`5.
`
`Claims1, 3, 7-11, 13, 15-17, 19 and 21 are rejected under pre-AlA 35 U.S.C.
`
`103(a) as being unpatentable over Shimodaet al. (US Pub. No. 2006/0204137 A1;
`
`Filing date 9/30/2005; Published date 9/14/2006), in view of Glasson (US Pub. No.
`
`2011/0055054 A1; Filing date 1/30/2009; Published date 3/3/2011), and in further
`
`view of Lyonet al. (US Pub. No. 2010/0257490 A1; Filing date 4/3/2009; Published
`
`date 10/7/2010).
`
`Regarding claim 1, Shimoda teaches an electronic device (Shimoda,Fig.
`
`1, paragraph [0027], portable terminal 100) comprising:
`
`a display device capable of displaying a captured image and an image of
`
`an item (Shimoda, Figs. 1-2, paragraphs [0010, 0027-0028], portable terminal
`
`100 can capture image of an item and display images);
`
`a touch screen panel configured to accept an operation by a user
`
`(Shimoda, Fig. 1, paragraph [0042], display 5 can accept user input);
`
`a control circuit configured to calculate a displayed position and a
`
`displayed size for the image of the item based on a position and a size of a
`
`reference object in the captured image (Shimoda,Fig. 6, paragraphs [0032],
`
`

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`Application/Control Number: 14/086,763
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`Art Unit: 2142
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`Page 6
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`[0037-0039], display position and size can be calculated based on a reference
`
`position and size),
`
`configured to generate a synthetic image in which the image ofthe item is
`
`merged with the captured image (Shimoda, paragraph [0050], image of an item
`
`and background images can be mergedinto a simulation picture), and
`
`configured to cause the display device to display the synthetic image, the
`
`control circuit generating a synthetic image in which the displayed position and
`
`displayed size of the imageofthe item relative to the captured image are
`
`adjusted in accordance with the operation on the touch screen panel by the user
`
`(Shimoda, Figs. 12(a-c), paragraphs [0044], [0051], the simulation picture can be
`
`displayed; the position and size of the item can be adjusted by user).
`
`Shimoda also teaches displayed object size can be changed based on
`
`user operations (Shimoda, paragraph [0044)).
`
`Shimoda maynotexplicitly teach every aspect of wherein the control
`
`circuit is configured to change the displayed size of the same image of the item
`
`relative to the captured image in steps through a process of enlarging or reducing
`
`based on an amountof change of the operation of the user.
`
`However, Glasson teaches wherein the control circuit is configured to
`
`changethe displayed size of the same imageofthe item relative to the captured
`
`image in steps through a processof enlarging or reducing based on an amount
`
`of change of the operation of the user (Glasson, Fig. 7, paragraphs [0101],
`
`[0112], displayed object size can be sized up/down based on useroperations).
`
`

`

`Application/Control Number: 14/086,763
`
`Art Unit: 2142
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`Page 7
`
`It would have been obvious to a person of ordinary skill in the art at the
`
`time the invention was madeto use the knowntechnique of changing the size of
`
`an item in an image based on useroperations as taught by Glasson to improve
`
`the method of Shimoda. Glasson and Shimodaare analogousart related to
`
`superimposing distinct images for determining size relationships. The
`
`combination would provide a method to enable user to choosean item offitting
`
`size (Glasson, paragraph [0005)).
`
`Shimoda also teaches in accordance with the operation by the user,
`
`wherein, when the displayed position of the image of the item in the synthetic
`
`image is changed based on the operation by the user (Shimoda, Figs. 12(a-c),
`
`paragraphs [0051], [0039], position of the item image can be changedby user),
`
`and feedbackto the user based on whether a threshold value is exceeded by a
`
`displayed position coordinate concerning the displayed position of the image of
`
`the item or not (Shimoda, Fig. 15(a), paragraph [0056], if the displayed position
`
`coordinate of the item image exceedsthe threshold value, a warning such as
`
`“NG”can be displayed or voice indication can be made).
`
`Shimoda and Glasson maynot explicitly teach every aspectof a tactile
`
`sensation unit configured to present a tactile information to the user; the control
`
`circuit controls the tactile sensation unit to present a tactile sensation to the user.
`
`However, Lyon teaches a tactile sensation unit configured to present a
`
`tactile information to the user. the control circuit controls the tactile sensation unit
`
`

`

`Application/Control Number: 14/086,763
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`Art Unit: 2142
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`Page 8
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`to present a tactile sensation to the user (Lyon, Fig. 4B, paragraph [0066], tactile
`
`feedback can be provided for a user operation on a GUI interface).
`
`It would have been obvious to a person of ordinary skill in the art at the
`
`time the invention was madeto incorporate the teaching of Lyon to Shimoda to
`
`have tactile feedback for a user operation. Lyon and Shimodaare analogous art
`
`related to providing feedback for GUI operation with a threshold. The
`
`combination would provide a method to prevent unintentional user operations
`
`(Lyon, paragraph [0003)).
`
`Regarding claim 3, Shimoda, Glasson and Lyon teach the electronic
`
`device of claim 1 above. Shimoda also teaches wherein the reference objectis a
`
`marker containing marker information which is associated with the image of the
`
`item (Shimoda, Fig. 6, paragraphs [0032-0033], the reference object can be a
`
`position marker for the item image),
`
`the electronic device further comprising: a storage section storing the
`
`marker information and item image information containing the image ofthe item
`
`(Shimoda, Fig. 1, paragraphs [0039-0040], memory 4 can store marker and item
`
`imageinformation).
`
`Regarding claim 7, Shimoda, Glasson and Lyon teach the electronic
`
`device of claim 1 above. Shimoda and Lyon also teaches wherein, the threshold
`
`value is calculated from a displayed position coordinate concerning the displayed
`
`

`

`Application/Control Number: 14/086,763
`
`Art Unit: 2142
`
`Page 9
`
`position of an object in the captured image (Shimoda, Fig. 15(a), paragraphs
`
`[0056-0057], threshold value can calculated from a displayed position coordinate
`
`concerning the displayed position of an object);
`
`Shimodafurther teaches/f the displayed position coordinate of the image
`
`of the item image exceeds the threshold value, a warning such as “NG”can be
`
`displayed in the interface (Shimoda, Fig. 15(a), paragraph [0056)).
`
`Lyon further teaches the control circuit controls the tactile sensation unit to
`
`present a tactile sensation to the user (Lyon, Fig. 4B, paragraph [0066], tactile
`
`feedback can be provided to a user whena threshold value is reached).
`
`Regarding claim 8, Shimoda, Glasson and Lyon teach the electronic
`
`device of claim 1 above. Shimoda also teaches wherein, the reference objectis
`
`at least one object contained in the captured image (Shimoda, Fig. 6, paragraphs
`
`[0032-0033], the captured image can contain reference object such as a wall),
`
`the electronic device further comprising a storage section storing
`
`reference object information concerning the reference object and item image
`
`information containing the image of the item (Shimoda,Fig. 1, paragraphs [0039-
`
`0040], memory 4 canstore reference object and item image information).
`
`Regarding claim 9, Shimoda, Glasson and Lyon teach the electronic
`
`device of claim 1 above. Shimoda also teaches wherein, the reference objectis
`
`at least one object contained in the captured image (Shimoda, Fig. 6, paragraphs
`
`

`

`Application/Control Number: 14/086,763
`
`Art Unit: 2142
`
`Page 10
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`[0032-0033], the reference object such as a wall can be contained in the
`
`captured image), the electronic device further comprising:
`
`an interface for accepting an input of actual-size data of the reference
`
`object (Shimoda, paragraph [0044], size data can be chosen by userthrough
`
`interface); and
`
`a storage section storing the accepted actual-size data of the reference
`
`object and the item image information containing the image of the item (Shimoda,
`
`paragraph [0044], size information can be stored in memory 4).
`
`Regarding claim 10, Shimoda, Glasson and Lyon teachtheelectronic
`
`device of claim 8 above. Shimoda also teaches wherein,
`
`the reference object information contains actual-size information of the
`
`reference object (Shimoda,Fig. 8, paragraphs [0037-0039], reference object
`
`information can contain actual-size information);
`
`the item image information contains actual-size information of the item in
`
`the image ofthe item (Shimoda,Fig. 8, paragraphs [0037-0039], item image
`
`information can contain actual-size information); and
`
`the control circuit calculates a merging ratio based on a displayed size of
`
`the reference object appearing on the display device and an actualsize of the
`
`reference object and calculates a display position and a displayedsize for the
`
`imageof the item based on the merging ratio and the actual-size information of
`
`the item in the image of the item (Shimoda, paragraph [0050], a merging ratio of
`
`

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`Application/Control Number: 14/086,763
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`Art Unit: 2142
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`Page 11
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`the merging item image and background image can be calculated, displayed
`
`position and size for the item image can be determined).
`
`Regarding claim 11, Shimoda, Glasson and Lyon teachtheelectronic
`
`device of claim 8 above. Shimoda also teaches wherein the control circuit
`
`calculates a displayed position and a displayed size for another object in the
`
`captured image based on a displayed position and a displayed size of the
`
`reference object (Shimoda,Fig. 7, paragraph [0034], position and size of the
`
`objects in background image can be calculated based on reference object).
`
`Regarding claim 13, Shimoda, Glasson and Lyonteachthe electronic
`
`device of claim 1 above. Lyon also teaches wherein the tactile sensation unit
`
`presents a tactile sensation to the user in accordance with the change in the
`
`displayed size of the image of the item (Lyon, paragraph [0066], tactile feedback
`
`can be provided with size change).
`
`Regarding claim 15, Shimoda, Glasson and Lyon teachtheelectronic
`
`device of claim 1 above. Shimoda also teaches wherein, the captured image is
`
`an image composedof an imagefor a left eye and an imagefor a right eye which
`
`are captured with a stereo camera capable of stereophotography (Shimoda,
`
`paragraphs [0034], [0036], [0042], stereo camera can be used to compose
`
`background image from different points);
`
`

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`Application/Control Number: 14/086,763
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`Art Unit: 2142
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`Page 12
`
`the storage section stores parallax information which is calculated from
`
`the reference object in the image for the left eye and the reference objectin the
`
`image for the right eye; and the control circuit calculates a displayed position for
`
`the reference object based on the parallax information (Shimoda, paragraphs
`
`[0034], [0036], parallax information can be stored and used to calculate a
`
`displayed position for a reference object).
`
`Regarding claim 16, Shimoda, Glasson and Lyon teachtheelectronic
`
`device of claim 1 above. Shimoda also teaches wherein, the captured image is
`
`an image captured with an imaging device capable of detecting a focusing
`
`position of a subject, the subject including the reference object (Shimoda,Fig. 1,
`
`paragraph [0028], the imaging device can detect a focusing position of an
`
`object);
`
`the storage section stores distance information from the imaging device to
`
`the reference object, the distance information being calculated based on a
`
`focusing position of the reference object (Shimoda, Fig. 7, paragraph [0034], the
`
`distance information can be calculated based on a focusing position of the
`
`reference object and stored in memory); and
`
`the control circuit calculates a displayed position for the reference object
`
`based on the distance information (Shimoda, paragraph [0034], position for the
`
`reference object can be calculated based on the distance information).
`
`

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`Application/Control Number: 14/086,763
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`Art Unit: 2142
`
`Page 13
`
`Claim 17 is a method claim similar in scope to the device claim 1.
`
`Therefore, claim 17 is rejected for the same reason as device claim 1.
`
`Regarding claim 19, Shimoda, Glasson and Lyon teachtheelectronic
`
`device of claim 1 above. Glasson also teaches wherein the control circuit
`
`changesthe displayed size of the imageof the item, that is one gradelarger,if
`
`the amount of change of the operation of the user increases a predetermined
`
`value or more (Glasson, paragraphs [0101], [0112], displayed size of the item
`
`can be sized up), and
`
`the control circuit changes the displayed size of the image ofthe item, that
`
`is one grade smaller, if the amount of change of the operation of the user
`
`decreases the predetermined value or more (Glasson, paragraphs [0101], [0112],
`
`displayed size of the item image can be sized down).
`
`Regarding claim 21, Shimoda, Glasson and Lyon teachtheelectronic
`
`device of claim 1 above. Shimoda also teaches further comprising a storage
`
`section storing a wall pattern, wherein the threshold value is a wall position in the
`
`captured image, and the wall position is identified by detecting an objectin the
`
`captured image that matches the wall pattern (Shimoda,Figs. 15(a-c),
`
`paragraphs [0006], [0056-0057], the objects such as a wall can beidentified in
`
`the captured “BACKGROUND?”image, wall position can be used as threshold
`
`value for fitting).
`
`

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`Application/Control Number: 14/086,763
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`Art Unit: 2142
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`Page 14
`
`6.
`
`Claims 4 and 5 are rejected under pre-AlA 35 U.S.C. 103(a) as being
`
`unpatentable over Shimodain view of Glasson, in further view of Lyon and
`
`Tomoyaet al. (JP2010-287174; Filing date 6/15/2009; Published date 12/24/2010).
`
`Regarding claim 4, Shimoda, Glasson and Lyon teach the electronic
`
`device of claim 3 above. Shimoda and Glasson also teaches wherein, the item
`
`image information contains actual-size information of the item in the image of the
`
`item (Shimoda, Fig. 8, paragraph [0039], the item image information can contain
`
`size information of the item image); and
`
`the control circuit calculates a merging ratio based on a displayedsize of
`
`the marker appearing on the display device and an actual size of the marker, and
`
`calculates a displayed position and a displayed size for the imageof the item
`
`based on the merging ratio and the actual-size information of the item in the
`
`imageof the item (Shimoda, paragraph [0050], a merging ratio of the merging
`
`item image and background image can be calculated, displayed position and size
`
`for the item image can be determined).
`
`the marker information contains actual-size information of the marker
`
`more (Glasson, Fig. 5A, paragraph [0086], reference scaling ruler 58 can have
`
`actual-size information).
`
`Shimoda, Glasson and Lyon maynotexplicitly teach every aspect of a
`
`merging ratio based on a displayed size of the marker appearing on the display
`
`device and an actual size of the marker.
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`Application/Control Number: 14/086,763
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`Art Unit: 2142
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`Page 15
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`However, Tomoya teaches a merging ratio based on a displayedsize of
`
`the marker appearing on the display device and an actual size of the marker
`
`(Tomoya, paragraph [0008], merging ratio can be determined based on displayed
`
`marker image and markeractual-size information).
`
`It would have been obvious to a person of ordinary skill in the art at the
`
`time the invention was madeto incorporate the teaching of Tomoya to Shimoda,
`
`to calculate a merging ratio for an object based on a size of a markerin the
`
`captured image andactual size of the marker. Tomoya and Shimoda are
`
`analogous art related to merge distinct images with size relationships. The
`
`combination would provide a method to accurately determine object display size
`
`in images (Tomoya, abstract).
`
`Regarding claim 5, Shimoda, Glasson, Lyon and Tomoyateach the
`
`electronic device of claim 4 above. Shimoda and Tomoyaalso teach wherein the
`
`control circuit calculates a displayed position and a displayed size of an objectin
`
`the captured image based on a displayedposition of the marker (Shimoda,Fig.
`
`6, paragraphs [0032-0033], display position and size can be calculated based on
`
`a reference markposition).
`
`a control circuit calculates a displayed size of an object in the captured
`
`image basedthe displayed size of the marker (Tomoya, abstract, paragraph
`
`[0008], standard marker can be usedto calculate size of a furniture to be
`
`displayed in an image).
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`

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`Application/Control Number: 14/086,763
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`Art Unit: 2142
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`Page 16
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`7.
`
`Claim 14 is rejected under pre-AlA 35 U.S.C. 103(a) as being unpatentable
`
`over Shimodain view of Glasson, andin further view of Lyon and Maclinnesetal.
`
`(US Pub. No. 2005/0081161 A1; Filing date 10/10/2003; Published date 4/14/2005).
`
`Regarding claim 14, Shimoda, Glasson and Lyon teachtheelectronic
`
`device of claim 3 above. Lyon also teachesthe tactile sensation unit varies a
`
`tactile sensation presented to the user based on the information of the item
`
`(Lyon, Fig. 4B, paragraph [0066], tactile feedback can be provided for a user
`
`operation with object characteristic change).
`
`Shimoda, Glasson and Lyon maynotexplicitly teach every aspect of the
`
`item image information contains weight information of the item.
`
`However, Maclnnes teachesthe item image information contains weight
`
`information of the item (Maclinnes, paragraph [0120], information of graphical
`
`objects such as furniture can include weight).
`
`It would have been obvious to a person of ordinary skill in the art at the
`
`time the invention was madeto incorporate the teaching of Maclnnes to Shimoda
`
`to include weight in graphical object characteristic. Maclnnes and Shimoda, are
`
`analogous art related to graphic userinterfaceto fit furniture in an environment.
`
`The combination would provide user with detailed characteristics of item such as
`
`furniture (MaclInnes, paragraph [0006}).
`
`

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`Application/Control Number: 14/086,763
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`Art Unit: 2142
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`Page 17
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`8.
`
`Claim 20 is rejected under pre-AlA 35 U.S.C. 103(a) as being unpatentable
`
`over Shimodain view of Glasson, in further view of Lyon and SnapShop (Youtube
`
`video screen capture, Uploaded date 5/16/2010).
`
`Regarding claim 20, Shimoda, Glasson and Lyon teachtheelectronic
`
`device of claim 1 above. Shimoda, Glasson and Lyon maynot explicitly teach
`
`every aspect of wherein the control circuit causes the display device to display a
`
`size value of the image ofthe item as currently displayed.
`
`However, SnapShop teaches wherein the control circuit causes the
`
`display device to display a size value of the image of the item as currently
`
`displayed (SnapShop, Youtube video screen capture, page 4, current size value
`
`of the displayed item image can bedisplayed).
`
`It would have been obvious to a person of ordinary skill in the art at the
`
`time the invention was madeto incorporate the teaching of SnapShop to
`
`Shimodato display current size value of an item image. SnapShop and Shimoda
`
`are analogous art related to graphic userinterfaceto fit furniture in an
`
`environment. The combination would enable a method to provide user with
`
`detailed characteristics of item such asfurniture.
`
`9.
`
`Claims 22 and 23 are rejected under pre-AlA 35 U.S.C. 103(a) as being
`
`unpatentable over Shimodain view of Glasson, in further view of Lyon and Tartz
`
`

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`Application/Control Number: 14/086,763
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`Art Unit: 2142
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`Page 18
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`et al. (US Pub. No. 2011/0163946 A1; Filing date 1/7/2010; Published date
`
`7/7/2011).
`
`Regarding claim 22, Shimoda, Glasson and Lyon teachthe electronic
`
`device of claim 1 above. Shimoda, Glasson and Lyon Tartz may notexplicitly
`
`teach every aspect of wherein the controller causes the image ofthe item to stop
`
`from moving further upon the displayed position coordinate exceeding the
`
`threshold value, thereby preventing the image ofthe item from crossing over the
`
`threshold.
`
`However, Tartz teaches wherein the controller causes the image of the
`
`item to stop from moving further upon the displayed position coordinate
`
`exceeding the threshold value, thereby preventing the image ofthe item from
`
`crossing over the threshold (Tartz, paragraph [0025], an object moved by user
`
`can stop when bumping against a wall).
`
`It would have been obvious to a person of ordinary skill in the art at the
`
`time the invention was madeto use the knowntechnique of stopping movement
`
`of an item to prevent the item crossing over a threshold as taught by Tartz to
`
`improve the method of Shimoda. Tartz and Shimoda are analogous art related to
`
`moving objects in a virtual graphic user interface. The combination would provide
`
`a method to enhancethe realism and sensation of a userinterface (Tartz,
`
`paragraph [0004)).
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`

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`Application/Control Number: 14/086,763
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`Art Unit: 2142
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`Page 19
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`Regarding claim 23, Shimoda, Glasson, Lyon and Tartz teach the electronic
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`device of claim 22 above. Shimodaalso teaches further comprising a storage
`
`section storing a wall pattern, wherein the threshold value is a wall position in the
`
`captured image, and the wall position is identified by detecting an objectin the
`
`captured image that matches the wall pattern (Shimoda,Figs. 15(a-c),
`
`paragraphs [0006], [0056-0057], wall position in an image canbeidentified and
`
`used as threshold value for fitting items).
`
`Conclusion
`
`The prior art madeof record and not relied upon is considered pertinent to
`Applicants’ disclosure. Applicants are required under 37 C.F.R. § 1.111(c) to consider
`these referencesfully when responding to this action.
`It is noted that any citation to specific pages, columns, lines, or figures in the prior
`art references and anyinterpretation of the references should not be considered to be
`limiting in any way. A referenceis relevant for all it contains and may berelied upon for
`all that it would have reasonably suggested to one having ordinaryskill in the art. /n re
`Heck, 699 F.2d 1331, 1332-33, 216 U.S.P.Q. 1038, 1039 (Fed. Cir. 1983) (quoting /n re
`Lemelson, 397 F.2d 1006, 1009, 158 U.S.P.Q. 275, 277 (C.C.P.A. 1968)).
`Yamadaet al. (US Pub. No. 2011/0105228 A1; Filing date 12/30/2009; Published
`date 5/5/2011) discloses an item colliding with wall and stops.
`Rieffel et al. (US Pub. No. 2010/0214284; Filing date 2/24/2009; Published date
`8/26/2010) discloses method for recognizing a wall in an image.
`
`

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`Application/Control Number: 14/086,763
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`Art Unit: 2142
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`Page 20
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`Applicant's amendment necessitated the new ground(s) of rejection presented in
`10.
`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
`CFR 1.136(a).
`A shortened statutory period for reply to this final action is set to expire THREE
`MONTHS from the m