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 .
Response to Amendment
The amendments to the claims filed 29 January 2026 has been entered. Claim(s) 1, 20-21, 28-32, 35-36, 40, 42-44, 46, 48, 53, 55-56 and 58 are pending in the application. Claim 57 is newly canceled. The amendments to the claims have overcome each and every objection to the claims recited in the office action mailed 29 October 2025.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1, 20-21, 28-32, 35-36, 40, and 55-56 is/are rejected under 35 U.S.C. 103 as being unpatentable over Krueger (US 20160262608 A1), further in view of Marciello (US 20110117528 A1), further in view of Kroll (US 20100079291 A1), further in view of Zets (US 10258259 B1).
Regarding claim 1, Krueger teaches a method, executed by a hearing assistance system worn or held by a subject of providing vestibular therapy to the subject, the hearing assistance system comprising a hearing assistance device configured to be worn by the subject (Paragraph 0301—head tracking inertial system can be mounted to the head in numerous configurations…in the ear or attached to the ear) and an external visual display device that is physically separate from the hearing assistance device (Paragraph 0224, 0226—the video camera contained in a smart phone or tablet device could be used as an eye tracker), the external visual display device comprising a camera integrated into the external visual display device (Paragraph 0224, 0226—the video camera contained in a smart phone or tablet device could be used as an eye tracker), the method comprising:
prompting the subject to execute an exercise with an external visual display device of the hearing assistance system, the exercise comprising the subject holding the external visual display device with the camera and a display screen of the external visual display device facing the subject and performing a predetermined movement while holding the external visual display device and maintaining a fixed point of eye gaze at a target displayed on the display screen (Paragraph 0153, 0160-0172, 0215-0216--Head: In this test, the subject is asked to actively move his/her head about 20 degrees each time he/she is given a cue signal…targets or visual elements could also be designed for when the head is in motion and the visual element is motionless or when both the head and the visual element are in motion. In either VR or AR, the displayed targets or visual elements can be static in a position or location or the displayed targets or visual elements can be dynamically changing in position, depending on the specific test being performed or rehabilitation method being used; paragraph 0226, 0342-0343-- If using a hand held device, the video camera can be located remotely in the device being held);
tracking a point of gaze of the subject's eyes with the camera of the external visual display device (Paragraph 0153, 0160-0172, 0215-0216--The eye sensor (typically a video camera) measures eye movement relative to head movement 642);
tracking movement of the subject using an inertial measurement unit (IMU) disposed in a fixed position relative to their head (Paragraph 0163, 0300--The head orientation sensor measures changes in head pitch, roll, and/or yaw 640… Head tracking on a head-worn unit can be performed by using an inertial measurement unit (also called an IMU or ‘tracker’));
generating data representing a measured deviation between the fixed point of eye gaze and the tracked point of gaze (Paragraph 0172--The processor in the AR/VR system then compares eye movement to timing and appearance/disappearance of visual elements on display, and the location of these visual elements to determine vestibulo-ocular performance 644. Performance could be measured as accuracy, gain, phase, symmetry, velocity, saccades, and/or visual acuity); and
sending the data to a care provider through a data communication network, wherein the subject is in a first location and the care provider in a second location, wherein the first location is physically isolated from the second location (Paragraph 0340-- The head/eye worn device or method could also collect the data, which could then be uploaded to a medical doctor, trainer, coach or other person at a remote location);
generating visual feedback indicative of the measured deviation on the display screen of the external visual display device (Paragraph 0340, 0342-0343--remote location could then provide verbal or visual feedback to the user and this feedback could be integrated with other information provided to the user…Data on the smartphone could be stored, logged, interpreted, displayed, and/or transmitted to other devices);
wherein the predetermined movement comprises movement of the head (Paragraph 0153, 0160-0172, 0215-0216--Head: In this test, the subject is asked to actively move his/her head about 20 degrees each time he/she is given a cue signal…targets or visual elements could also be designed for when the head is in motion and the visual element is motionless or when both the head and the visual element are in motion. In either VR or AR, the displayed targets or visual elements can be static in a position or location or the displayed targets or visual elements can be dynamically changing in position, depending on the specific test being performed or rehabilitation method being used); and
wherein the external visual display device is configured to be hand-held by the subject while the subject performs the predetermined movement (Paragraph 0224, 0226, 0342-0343—the video camera contained in a smart phone or tablet device could be used as an eye tracker… If using a hand held device, the video camera can be located remotely in the device being held… The eye tracking system can be mounted on a head worn device, on eyeglasses framework, or partially within the lens of eyeglass or contact lens on in a hand held mobile smart device, such as a smart phone, smart pad…It would also be possible for the smartphone to be handheld instead of head-mounted).
However, Krueger does not specifically teach based on the generated data adjusting a predetermined schedule of future times in which the visual display device prompts the subject. Marciello, in analogous art of an apparatus and methods for conducting remote therapy such as vestibular training through prompting a user to perform motions (Paragraph 0002, 0010, 0021, 0031), teaches a method may include adjusting the frequency of a therapy session based on data related to the user’s performance of the motions (Paragraph 0034-0035—adjusting the user’s therapy regimen according to data made available that is descriptive of movements made by the user…increase or decrease a frequency of therapy sessions). It would have been obvious to one having ordinary skill in the art at the time of filing to combine the method of Krueger with the adjusting of therapy sessions of Marciello in order to prompt the adjusting of the predetermined schedule of future times in which the visual display device prompts the subject based on the generated data in order to predictably improve the ability of the system to be used in a graduated therapy regimen as motivated by Krueger (see Krueger, paragraph 0284, 0339, 0352, 0355, 0359).
Kroll, in analogous art of a body worn device which monitors and prompts user activity (Abstract), discloses storing a normal awake period of a subject and prompting the user during a normal awake period of the subject (Paragraph 0054-0057, 0066—personalized recommendations and calibration may incorporate inputs on the user’s lifestyle…including…daily sleep habits, hours, and duration…user inputs are stored in a system database and are used to determine device parameters, calorie burn equations, and activity recommendations that are most closely aligned with the users responses; Paragraph 0088-0089—Alerts can be disabled during user defined sleep periods…The CPU processes user body movements in several ways. Individual axes of motion are used to determine body posture and infer activities, such as horizontal (sleeping or not worn) or vertical (awake and worn)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Krueger, and Marciello to store, with other parameters of a subject, a normal awake period of the subject and distribute the predetermined schedule of future times within the normal awake period as taught by Kroll, so as to alert the user to perform a vestibular therapy on a daily basis during a time window in which the user is capable of performing the vestibular therapy and maintain a vestibular therapy schedule over time to treat vestibular disorders (Kroll, paragraph 0041).
Kruger additionally teaches displaying a visual cue or target on the external visual display (Paragraph 0612-0165-- The subject is instructed to keep his/her eyes focused on the target visual element … Cues are provided to tell the subject when to move the head …The cues could be visual (i.e. change of color or intensity of the visual target element of interest)).
However, Krueger fails to explicitly disclose displaying one or more written words on the external visual display device and prompting the subject to read the words while the subject performs the predetermined movement.
Zets, in the same field of endeavor of a method and system for vestibular monitoring and therapy, discloses displaying one or more written words on the external visual display device and prompting the subject to read the words while the subject performs the predetermined movement (Col. 33, line 42-53-- FIG. 8 shows specific examples 300 of complex visual targets for use in this invention. These visual targets can be computer generated three dimensional images 301, text based 302, 303, or brief animations. The visual targets should be designed to be recognizable and identifiable to the subject. The images 301 can, in some embodiments be implemented such that they rotate at various rates and orientations. Further the image size, color, contrast, textures and forms can be varied changing the visual salient features. In other examples, the text size, orientation, font, colors, contrast and nature can be varied changing the visual salient features; Fig. 8). As the visual target including one or more written words may be recognizable and identifiable to a user, it may be seen that the words may be read by the user.
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the system of Krueger with the text display of Zets in order to predictably improve the ability of the device to be used to monitor additional parameters of vestibulo-ocular performance such as the scanning ability of a user (See Krueger, paragraph 0023, 0030) or to improve the accessibility of the device for users who are deaf or hard of hearing, wherein the written words of Zets would be used to provide instructions to a user. In either instance, the display of words on the screen may itself serve to prompt the subject to read the words as the words are recognized by the user and additionally because both of using written cues to monitor scanning parameters and using written instructions would necessarily require that the user reads the words on the display.
Regarding claim 20, the combination of Krueger, Marciello, Kroll, and Zets teaches the method of claim 1. Krueger additionally teaches further comprising detecting performance of the exercise by evaluating data from at least one of a camera and an IMU (Paragraph 0160-0172-- The head orientation sensor measures changes in head pitch, roll, and/or yaw 640 …The eye sensor (typically a video camera) measures eye movement relative to head movement 642…; paragraph 0224-- the video camera contained in a smart phone or tablet device could be used as an eye tracker; paragraph 0300-0301-- Head tracking on a head-worn unit can be performed by using an inertial measurement unit (also called an IMU or ‘tracker’)).
Regarding claim 21, the combination of Krueger, Marciello, Kroll, and Zets teaches the method of claim 20. Krueger additionally teaches evaluating external camera data for evidence of pupil dilation or nystagmus after performance of the exercise is first detected (Paragraphs 0049, 0092, 0172, 0268-- Symmetry can also be described as a comparison of the slow component of the nystagmus when rotated to the right compared with rotation to the left… Performance could be measured as accuracy, gain, phase, symmetry, velocity, saccades, and/or visual acuity… the eyes can be observed and measured at rest to see if there are any abnormalities such as spontaneous nystagmus, dysconjugate gaze (eyes not both fixated on the same point) or skew deviation (eyes move upward (hypertropia), but in opposite directions, all resulting in diplopia (double vision). All of these evaluations can be measured with VR or AR platforms). In addition, because Krueger teaches sending data from a performance of an exercise in order to evaluate performance of the exercise in one session of several sessions (Paragraph 0143, 0342, 0347-0349, 0352, 0355, 0359-- The memory unit 134 can store multiple readings and results, which can be used for data logging, tracking of multiple users, and tracking of performance at various times… There are many applications for measuring eye responses such as the VOR, DVA and DVS devices and methods here. For example, in sports, the technology described can predict play performance, position performance and it can also be used to help detect and/or assess concussions/TBI to determine whether a player can return to the sport after suffering a hit), it may be understood that Krueger teaches prompting the subject to cease performing the exercise.
Regarding claim 28, the combination of Krueger, Marciello, Kroll, and Zets teaches the method of claim 1. Krueger additionally teaches further comprising tracking smoothness of movement of at least one eye (Paragraph 0040, 0140, 0172, 0220-0221-- Smooth pursuit accuracy movements, velocity, acceleration and latency can also be measured) when the exercise includes rotation of the front of the head while maintaining a fixed gaze (Paragraph 0163-0164-- the subject is asked to actively move his/her head about 20 degrees each time he/she is given a cue signal… The subject is instructed to keep his/her eyes focused on the target visual element as the head moves.).
Regarding claim 29, the combination of Krueger, Marciello, Kroll, and Zets teaches the method of claim 1. Krueger additionally teaches further comprising , wherein prompting the subject to execute an exercise comprising providing prompts according to a predetermined schedule input by a care provider (Paragraph 0143, 0332, 0342, 0347-0349, 0352, 0355, 0359-- The memory unit 134 can store multiple readings and results, which can be used for data logging, tracking of multiple users, and tracking of performance at various times… an alarm in the device can trigger the timing event of head movement, rather than having another person move the user's head for more of an “active head movement test”. Specifically, the electronic circuit can be triggered or turned on by verbal command (auditory input), by visual means (such as prolonged eyelid closure or other specific eyelid movement), mechanically (such as by the attachment of the head worn device to the head), with timer software programming, and remotely…There are many applications for measuring eye responses such as the VOR, DVA and DVS devices and methods here. For example, in sports, the technology described can predict play performance, position performance and it can also be used to help detect and/or assess concussions/TBI to determine whether a player can return to the sport after suffering a hit).
Regarding claim 30, the combination of Krueger, Marciello, Kroll, and Zets teaches the method of claim 1. Krueger additionally teaches that the system may be used to provide ongoing testing and vestibular therapy to monitor progress of a user over time where an abnormal result (e.g., low accuracy) would be used to prompt ongoing testing or rehabilitation (Paragraph 0143, 0284, 0339, 0342, 0347-0349, 0352, 0355, 0359-- The memory unit 134 can store multiple readings and results, which can be used for data logging, tracking of multiple users, and tracking of performance at various times… There are many applications for measuring eye responses such as the VOR, DVA and DVS devices and methods here. For example, in sports, the technology described can predict play performance, position performance and it can also be used to help detect and/or assess concussions/TBI to determine whether a player can return to the sport after suffering a hit… there can be a VOR response score that more clearly establishes the vestibulo-ocular response measurement and expresses this response measurement in language that can more appropriately be applied to human performance measurement and improvement. Establishing such a scoring system will enable people to more accurately predict human performance with specific activities. It may also help in the development of activities that improve the human performance in fields where above average VOP is of benefit).
However, Krueger fails to explicitly disclose changing the predetermined schedule based on at least one of the accuracy of exercise performance and the frequency of exercise performance.
Marciello, in analogous art of an apparatus and methods for conducting remote therapy such as vestibular training through prompting a user to perform motions (Paragraph 0002, 0010, 0021, 0031), teaches a method may include adjusting the frequency of a therapy session based on data related to the user’s accuracy and frequency of performance of the motions (Paragraph 0034-0035—adjusting the user’s therapy regimen according to data made available that is descriptive of movements made by the user…increase or decrease a frequency of therapy sessions; paragraph 0038, 0041-- Data associated with the tracked movement is stored for various reference purposes. Reference purposes may include, for example, one or more of: patient compliance with a physical therapy regimen; range of motion, progress on range of motion over a period of time, number of repetitions, strength of a patient and other reference points). It would have been obvious to one having ordinary skill in the art at the time of filing to combine the method of Krueger with the adjusting of therapy sessions of Marciello in order to prompt changing the predetermined schedule based on at least one of the accuracy of exercise performance and the frequency of exercise performance in order to predictably improve the ability of the system to be used in a graduated therapy regimen as motivated by Krueger by further customizing the graduated therapy according to the progress and needs of the user (see Krueger, paragraph 0284, 0339, 0352, 0355, 0359).
Regarding claim 31, the combination of Krueger, Marciello, Kroll, and Zets teaches the method of claim 1. Krueger additionally discloses sending information regarding at least one of the accuracy of exercise performance and the frequency of exercise performance back to the care provider (Paragraph 0340-- The head/eye worn device or method could also collect the data, which could then be uploaded to a medical doctor, trainer, coach or other person at a remote location.).
Regarding claim 32, the combination of Krueger, Marciello, Kroll, and Zets teach the method of claim 1. Kroll additionally teaches comprising detecting sedentary behavior of the subject using at least one of accelerometer data, heart rate data, and blood pressure data (Paragraph 0016-0017—device for alerting a user of prolonged sedentary behavior…comprises a controller, one or more tri-axial accelerometers for monitoring physical activity, and a timer…accelerometer signals correspond to the user being inactive…), wherein prompting the subject comprises queuing the prompt according to a predetermined schedule and triggering the prompt after detecting sedentary behavior of the subject (Paragraph 0016-0017, 0081, 0088-0089, 0091-0093—an output of the timer outputs a first timer signal if the timer reaches the predetermined time of inactivity. The controller outputs a user alert signal upon receiving the first timer signal…periods of sedentary activity are monitored and if they exceed a threshold, a warning is offered to the user to attain physical activity…upon detection of a period of sedentary activity from the acceleration sensor, an interval timer is started. If the timer reaches the ECP prior to an exit from sedentary activity, an alert is delivered to the user). It would have been obvious to combine the method of Krueger with the additional prompt queueing and triggering of Kroll in order to predictably improve the ability of the system to be used for regular training of a subject to improve the subject’s vestibular responses and maintain the subject’s level of ability, where the systems could be easily combined as Krueger already teaches the use of prompts to initiate exercises by a subject, where data relating to the exercises may be measured and analyzed.
Regarding claim 35, the combination of Krueger, Marciello, Kroll, and Zets teaches the method of claim 1. Krueger additionally teaches further comprising notifying a remote care provider (Paragraph 0139, 0340, 0349—all information obtained using the device can be directly shared to other devices or uploaded to remote locations to a medical doctor or other person) if nystagmus is detected in the subject (Paragraphs 0049, 0092, 0172, 0268).
Regarding claim 36, the combination of Krueger, Marciello, Kroll, and Zets teaches the method of claim 1. Krueger additionally teaches wherein prompting the subject to execute an exercise comprises receiving a prompt from a remote location (Paragraph 0332, 0342-0343-- an alarm in the device can trigger the timing event of head movement, rather than having another person move the user's head for more of an “active head movement test”. Specifically, the electronic circuit can be triggered or turned on by verbal command (auditory input), by visual means (such as prolonged eyelid closure or other specific eyelid movement), mechanically (such as by the attachment of the head worn device to the head), with timer software programming, and remotely…Transmission of data could use any of the communications technologies available on a typical smartphone including, but not limited to Bluetooth, WiFi, a cellphone signal, or a wired signal. The smartphone based system could also use auditory signals for instructions, audio cues during the test, and/or alarms; Paragraph 0349-0360).
Regarding claim 40, the combination of Krueger, Marciello, Kroll, and Zets teaches the method of claim 1. Krueger additionally teaches further comprising Page 4 of 8Preliminary AmendmentSerial Number: 16/677,238Docket No.: 371.0003USU1 detecting performance of the exercise by evaluating data from at least one of a camera and an IMU (Paragraph 0160-0172-- The head orientation sensor measures changes in head pitch, roll, and/or yaw 640 …The eye sensor (typically a video camera) measures eye movement relative to head movement 642…; paragraph 0224-- the video camera contained in a smart phone or tablet device could be used as an eye tracker; paragraph 0300-0301-- Head tracking on a head-worn unit can be performed by using an inertial measurement unit (also called an IMU or ‘tracker’)) and awarding an electronic incentive to the subject if a threshold of exercise performance is met (Paragraph 0332, 0348-- there can be a VOR response score that more clearly establishes the vestibulo-ocular response measurement and expresses this response measurement in language that can more appropriately be applied to human performance measurement and improvement; Paragraph 0352-0360-- Embodiments of the present invention can be an accurate method to determine when the athlete is ready to return to play activities, based on improvement of the VOR or DVA. It therefore can be utilized in TBI/concussion evaluation/assessment and management for return to play…).
Regarding claim 56, the combination of Krueger, Marciello, Kroll, and Zets teaches the method of claim 1. Krueger additionally teaches tracking movement of both eyes when the exercise includes rotation of the front of the head while maintaining a fixed gaze and comparing movement of the eyes against one another (Paragraph 0049, 0103, 0211, 0214, 0313).
Regarding claim 55, the combination of Krueger, Marciello, Kroll, and Zets teaches the method of claim 1. Kruger additionally teaches the predetermined movement comprises a rotation of the subject’s head away from the fixed point of eye gaze (Paragraph 0153, 0160-0172, 0215-0216--Head: In this test, the subject is asked to actively move his/her head about 20 degrees each time he/she is given a cue signal…targets or visual elements could also be designed for when the head is in motion and the visual element is motionless or when both the head and the visual element are in motion. In either VR or AR, the displayed targets or visual elements can be static in a position or location or the displayed targets or visual elements can be dynamically changing in position, depending on the specific test being performed or rehabilitation method being used), the method further comprising: tracking the rotation of the subject’s head using the IMU (Paragraph 0163, 0300-0301--The head orientation sensor measures changes in head pitch, roll, and/or yaw 640); and detecting nystagmus in the subject based on a determination (Paragraphs 0049, 0092, 0172, 0268-- Symmetry can also be described as a comparison of the slow component of the nystagmus when rotated to the right compared with rotation to the left… Performance could be measured as accuracy, gain, phase, symmetry, velocity, saccades, and/or visual acuity… the eyes can be observed and measured at rest to see if there are any abnormalities such as spontaneous nystagmus, dysconjugate gaze (eyes not both fixated on the same point) or skew deviation (eyes move upward (hypertropia), but in opposite directions, all resulting in diplopia (double vision). All of these evaluations can be measured with VR or AR platforms).
However, Krueger fails to explicitly disclose determining that the tracked rotation is farther than a threshold amount of rotation. Zets, in the same field of endeavor of a method and system for vestibular monitoring and therapy, discloses determine that the tracked rotation is farther than a threshold amount of rotation away from the fixed point of eye gaze (Col. 28, line 11-15-- The auditory feedback should produce a short tone (for example; 800 Hz, 50 ms duration, sound pressure level SPL 83 dBA) when the head rotation reaches a predetermined limit set by a predetermined angle 192 or extremity position 184 or 193; Col. 28, line 25-35--In each headshake movement, the head worn inertial sensor 46 (or sensor selected) provides a measurement of the head position and orientation which can be used by an intelligent controller to calculate the relative head position and provide the subject with feedback guidance via an associated auditory tone once a predefined head positional threshold has been reached). It would have been obvious to one having ordinary skill in the art at the time of filing to modify the system of Krueger to include the determination of Zets in order to predictably improve the accuracy of the system in detecting nystagmus, as the system of Krueger already monitors rotations of the head and includes determining nystagmus or other abnormalities of a user based on the measurements of the system, and including the determination of Zets would enable the system to more narrowly define a measurement which corresponds to nystagmus.
Claim(s) 42-44, 46, and 53 is/are rejected under 35 U.S.C. 103 as being unpatentable over Krueger (US 20160262608 A1), further in view of Marciello (US 20110117528 A1), further in view of Kroll (US 20100079291 A1), further in view of Zets (US 10258259 B1) further in view of Epley (US 20040006287 A1).
Regarding claim 42, Krueger teaches a hearing assistance device (Paragraph 0301—head tracking inertial system can be mounted to the head in numerous configurations…in the ear or attached to the ear) comprising:
A control circuit (Paragraph 0300--sensor pre-processing unit; paragraph 0307--The processor may execute instructions stored in a non-transitory computer readable medium, such as the memory, to control functions of the system. Thus, the processor in combination with instructions stored in the memory may function as a controller of the system. For example, the processor may control the wireless communication interface and various other components of the system. In other examples, the processor may include a plurality of computing devices that may serve to control individual components or subsystems of the system. The processor, in conjunction with the memory unit, may perform analysis of the images obtained by the infrared camera.);
an inertial measurement unit (IMU) in electrical communication with the control circuit, wherein the IMU is disposed in a fixed position relative to a head of a subject wearing the hearing assistance device (Paragraph 0300-0301-- Head tracking on a head-worn unit can be performed by using an inertial measurement unit (also called an IMU or ‘tracker’)… The input signals from the accelerometer(s), magnetometer(s), and gyroscope(s) in these nine DOF IMUs are often processed using a Kalman or a Madgwick filter located in a sensor pre-processing unit… The head tracking inertial system can be mounted to the head in numerous configurations. Examples include: at the top of the head with helmets, caps, straps or other head worn covering; in the center of eyeglasses; at the nose piece; in the side of the eyeglasses; in the ear or attached to the ear);
A microphone in electrical communication with the control circuit (Paragraph 0305, 0332--The system may include or be coupled to peripherals, such as a wireless communication interface, a touchpad, an integrated microphone, a high definition (HD) camera, and a speaker…the electronic circuit can be triggered or turned on by verbal command (auditory input)…);
an electroacoustic transducer for generating sound in electrical communication with the control circuit (Paragraph 0165, 0305, 0332, 0342-0343-- Cues are provided to tell the subject when to move the head. These cues can be audio cues… The smartphone based system could also use auditory signals for instructions, audio cues during the test, and/or alarms);
a power supply circuit in electrical communication with the control circuit (Paragraph 0300-0301, 0306, 0342);
an external visual display device in wireless data communication with the hearing assistance device (Paragraph 0224, 0226, 0342-0343—the video camera contained in a smart phone or tablet device could be used as an eye tracker… It would also be possible for the smartphone to be handheld instead of head-mounted and provide the head orientation sensing, eye tracking, and display functions), the external visual display device comprising:
a video display screen (Paragraph 0224, 0226, 0342-0343—the video camera contained in a smart phone or tablet device could be used as an eye tracker… the display of an image or images can be performed by a general purpose portable, battery operated, hand held device, such as a smartphone, computer pad, or other wearable computer device); and
a camera (Paragraph 0224, 0226—the video camera contained in a smart phone or tablet device could be used as an eye tracker);
wherein the control circuit is configured to
initiate a prompt to the subject to execute an exercise, the exercise comprising the subject holding the external visual display device with the camera and a display screen of the external visual display device facing the subject and performing a predetermined movement while holding the external visual display device facing the subject and performing a predetermined movement while maintaining a fixed point of eye gaze at a target displayed on the display screen wherein the predetermined movement comprises a rotation of the subject’s head away from the fixed point of gaze (Paragraph 0153, 0160-0172, 0215-0216--Head: In this test, the subject is asked to actively move his/her head about 20 degrees each time he/she is given a cue signal…targets or visual elements could also be designed for when the head is in motion and the visual element is motionless or when both the head and the visual element are in motion. In either VR or AR, the displayed targets or visual elements can be static in a position or location or the displayed targets or visual elements can be dynamically changing in position, depending on the specific test being performed or rehabilitation method being used; paragraph 0226, 0342-0343-- If using a hand held device, the video camera can be located remotely in the device being held);
track a point of gaze of the subject's eyes using data received from the camera (Paragraph 0153, 0160-0172, 0215-0216, 0342-0343--The eye sensor (typically a video camera) measures eye movement relative to head movement 642);
detect execution of the exercise using data derived from the IMU (Paragraph 0163, 0300-0301--The head orientation sensor measures changes in head pitch, roll, and/or yaw 640);
generate data representing a measured deviation between the fixed point of eye gaze and the tracked point of gaze (Paragraph 0172--The processor in the AR/VR system then compares eye movement to timing and appearance/disappearance of visual elements on display, and the location of these visual elements to determine vestibulo-ocular performance 644. Performance could be measured as accuracy, gain, phase, symmetry, velocity, saccades, and/or visual acuity);
track the rotation of the subject’s head using the IMU (Paragraph 0163, 0300-0301--The head orientation sensor measures changes in head pitch, roll, and/or yaw 640);
detect nystagmus in the subject based on a determination (Paragraphs 0049, 0092, 0172, 0268-- Symmetry can also be described as a comparison of the slow component of the nystagmus when rotated to the right compared with rotation to the left… Performance could be measured as accuracy, gain, phase, symmetry, velocity, saccades, and/or visual acuity… the eyes can be observed and measured at rest to see if there are any abnormalities such as spontaneous nystagmus, dysconjugate gaze (eyes not both fixated on the same point) or skew deviation (eyes move upward (hypertropia), but in opposite directions, all resulting in diplopia (double vision). All of these evaluations can be measured with VR or AR platforms);
generate visual feedback indicative of the measured deviation on the display screen of the external visual display device (Paragraph 0340, 0342-0343--remote location could then provide verbal or visual feedback to the user and this feedback could be integrated with other information provided to the user…Data on the smartphone could be stored, logged, interpreted, displayed, and/or transmitted to other devices);
wherein the external visual display device is configured to be hand-held by the subject (Paragraph 0224, 0226, 0342-0343—the video camera contained in a smart phone or tablet device could be used as an eye tracker… If using a hand held device, the video camera can be located remotely in the device being held… The eye tracking system can be mounted on a head worn device, on eyeglasses framework, or partially within the lens of eyeglass or contact lens on in a hand held mobile smart device, such as a smart phone, smart pad…It would also be possible for the smartphone to be handheld instead of head-mounted).
However, Krueger does not specifically teach based on the generated data adjusting a predetermined schedule of future times in which the visual display device prompts the subject. Marciello, in analogous art of an apparatus and methods for conducting remote therapy such as vestibular training through prompting a user to perform motions (Paragraph 0002, 0010, 0021, 0031), teaches a method may include adjusting the frequency of a therapy session based on data related to the user’s performance of the motions (Paragraph 0034-0035—adjusting the user’s therapy regimen according to data made available that is descriptive of movements made by the user…increase or decrease a frequency of therapy sessions). It would have been obvious to one having ordinary skill in the art at the time of filing to combine the method of Krueger with the adjusting of therapy sessions of Marciello in order to prompt the adjusting of the predetermined schedule of future times in which the visual display device prompts the subject based on the generated data in order to predictably improve the ability of the system to be used in a graduated therapy regimen as motivated by Krueger (see Krueger, paragraph 0284, 0339, 0352, 0355, 0359).
Kroll, in analogous art of a body worn device which monitors and prompts user activity (Abstract), discloses storing a normal awake period of a subject and prompting the user during a normal awake period of the subject (Paragraph 0054-0057, 0066—personalized recommendations and calibration may incorporate inputs on the user’s lifestyle…including…daily sleep habits, hours, and duration…user inputs are stored in a system database and are used to determine device parameters, calorie burn equations, and activity recommendations that are most closely aligned with the users responses; Paragraph 0088-0089—Alerts can be disabled during user defined sleep periods…The CPU processes user body movements in several ways. Individual axes of motion are used to determine body posture and infer activities, such as horizontal (sleeping or not worn) or vertical (awake and worn)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Krueger, and Marciello to store, with other parameters of a subject, a normal awake period of the subject and distribute the predetermined schedule of future times within the normal awake period as taught by Kroll, so as to alert the user to perform a vestibular therapy on a daily basis during a time window in which the user is capable of performing the vestibular therapy and maintain a vestibular therapy schedule over time to treat vestibular disorders (Kroll, paragraph 0041).
However, Krueger fails to explicitly disclose determining that the tracked rotation is farther than a threshold amount of rotation. Zets, in the same field of endeavor of a method and system for vestibular monitoring and therapy, discloses determine that the tracked rotation is farther than a threshold amount of rotation away from the fixed point of eye gaze (Col. 28, line 11-15-- The auditory feedback should produce a short tone (for example; 800 Hz, 50 ms duration, sound pressure level SPL 83 dBA) when the head rotation reaches a predetermined limit set by a predetermined angle 192 or extremity position 184 or 193; Col. 28, line 25-35--In each headshake movement, the head worn inertial sensor 46 (or sensor selected) provides a measurement of the head position and orientation which can be used by an intelligent controller to calculate the relative head position and provide the subject with feedback guidance via an associated auditory tone once a predefined head positional threshold has been reached). It would have been obvious to one having ordinary skill in the art at the time of filing to modify the system of Krueger to include the determination of Zets in order to predictably improve the accuracy of the system in detecting nystagmus, as the system of Krueger already monitors rotations of the head and includes determining nystagmus or other abnormalities of a user based on the measurements of the system, and including the determination of Zets would enable the system to more narrowly define a measurement which corresponds to nystagmus.
Krueger additionally fails to disclose calculating an angle and a speed of the nystagmus using the camera.
Epley, in the same field of endeavor of a system and method for diagnosing and treating vestibular disorders (Paragraph 0002), discloses calculating an angle and a speed of the nystagmus using the camera (Paragraph 0124-0130, 0141-0147-- any spontaneous nystagmus is then recorded over the next 10-seconds, noting the axis of rotation (AOR), fast phase direction (FPD) and slow phase velocity (SPV) of the nystagmus. The chair is rotated 45-degrees in the yaw plane to the side undergoing testing, 5-seconds allowed for cessation of rotation-induced nystagmus, then rotated backward in the pitch plane 120-degrees at a rate of 20-degrees per second, with a buffered stop. After 2-seconds, the eyes are monitored for 20-seconds for one or more of the following nystagmus responses…).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the system of Krueger with the particular calculations of Epley in order to predictably improve the diagnostic capability of the device by providing not only a determination that nystagmus exists in a user but also a determination of the type and/or severity of nystagmus, which may be used to make determinations about a user’s abilities or need for rehabilitation as disclosed by Krueger.
Regarding claim 43, the combination of Krueger, Marciello, Kroll, Zets, and Epley teaches the method of claim 42. Krueger additionally teaches the control circuit further configured to track the point of gaze of the subject's eyes using data received from an external camera (Paragraph 0153, 0160-0172, 0215-0216, 0342-0343--The eye sensor (typically a video camera) measures eye movement relative to head movement 642); and generate data representing a measured deviation between the fixed point of eye gaze and the tracked point of gaze (Paragraph 0172--The processor in the AR/VR system then compares eye movement to timing and appearance/disappearance of visual elements on display, and the location of these visual elements to determine vestibulo-ocular performance 644. Performance could be measured as accuracy, gain, phase, symmetry, velocity, saccades, and/or visual acuity).
Regarding claim 44, the combination of Krueger, Marciello, Kroll, Zets, and Epley teaches the method of claim 43. Krueger additionally teaches further configured to provide at least one of visual and auditory feedback to the subject based on the measured deviation (Paragraph 0340, 0342-0343--remote location could then provide verbal or visual feedback to the user and this feedback could be integrated with other information provided to the user…Data on the smartphone could be stored, logged, interpreted, displayed, and/or transmitted to other devices).
Regarding claim 46, the combination of Krueger, Marciello, Kroll, Zets, and Epley teaches the method of claim 43. Krueger additionally teaches further configured to send information regarding the measured deviation to a remote system subject (Paragraph 0340-- The head/eye worn device or method could also collect the data, which could then be uploaded to a medical doctor, trainer, coach or other person at a remote location).
Regarding claim 53, the combination of Krueger, Marciello, Kroll, Zets, and Epley teaches the method of claim 1. Krueger additionally teaches wherein the camera and the display screen are disposed on the same side of the external visual display device (Fig. 4), the method further comprising the subject holding the visual display device such that an angle in a vertical plane formed between a first line connecting the camera and the subject’s pupils and a second line connecting the target displayed on the display screen and the subject’s pupils is less than 20 degrees (Paragraph 0155-0156—the target visual element is initially displayed centrally…then displayed about 20 degrees off center on one side…; Figs. 6-8).
Claim(s) 48 is/are rejected under 35 U.S.C. 103 as being unpatentable over Krueger (US 20160262608 A1), further in view of Marciello (US 20110117528 A1), further in view of Kroll (US 20100079291 A1), further in view of Murillo (US 20180101988 A1), further in view of Cheong (US 20170011210 A1).
Regarding claim 48, Krueger teaches a system for providing vestibular training for a subject (Abstract) comprising
A control circuit (Paragraph 0300--sensor pre-processing unit; paragraph 0304-0307--The processor may execute instructions stored in a non-transitory computer readable medium, such as the memory, to control functions of the system. Thus, the processor in combination with instructions stored in the memory may function as a controller of the system. For example, the processor may control the wireless communication interface and various other components of the system. In other examples, the processor may include a plurality of computing devices that may serve to control individual components or subsystems of the system. The processor, in conjunction with the memory unit, may perform analysis of the images obtained by the infrared camera.);
an inertial measurement unit (IMU) in electrical communication with the control circuit (Paragraph 0300-0301-- Head tracking on a head-worn unit can be performed by using an inertial measurement unit (also called an IMU or ‘tracker’)… The input signals from the accelerometer(s), magnetometer(s), and gyroscope(s) in these nine DOF IMUs are often processed using a Kalman or a Madgwick filter located in a sensor pre-processing unit… The head tracking inertial system can be mounted to the head in numerous configurations. Examples include: at the top of the head with helmets, caps, straps or other head worn covering; in the center of eyeglasses; at the nose piece; in the side of the eyeglasses; in the ear or attached to the ear);
a hearing assistance device (Paragraph 0301—head tracking inertial system can be mounted to the head in numerous configurations…in the ear or attached to the ear) comprising:
A microphone in electrical communication with the control circuit (Paragraph 0305, 0332--The system may include or be coupled to peripherals, such as a wireless communication interface, a touchpad, an integrated microphone, a high definition (HD) camera, and a speaker…the electronic circuit can be triggered or turned on by verbal command (auditory input)…);
an electroacoustic transducer for generating sound in electrical communication with the control circuit (Paragraph 0165, 0305, 0332, 0342-0343-- Cues are provided to tell the subject when to move the head. These cues can be audio cues… The smartphone based system could also use auditory signals for instructions, audio cues during the test, and/or alarms);
a power supply circuit in electrical communication with the control circuit (Paragraph 0300-0301, 0306, 0342);
an external visual display device in wireless data communication with the hearing assistance device (Paragraph 0224, 0226, 0342-0343—the video camera contained in a smart phone or tablet device could be used as an eye tracker… It would also be possible for the smartphone to be handheld instead of head-mounted and provide the head orientation sensing, eye tracking, and display functions), the external visual display device comprising:
a video display screen (Paragraph 0224, 0226, 0342-0343—the video camera contained in a smart phone or tablet device could be used as an eye tracker… the display of an image or images can be performed by a general purpose portable, battery operated, hand held device, such as a smartphone, computer pad, or other wearable computer device); and
a camera integrated into the external visual display device (Paragraph 0224, 0226—the video camera contained in a smart phone or tablet device could be used as an eye tracker);
wherein the system is configured to
prompt the subject to execute an exercise, the exercise comprising the subject holding the external visual display device with the camera and a display screen of the external visual display device facing the subject and performing a predetermined movement while holding the external visual display device facing the subject and performing a predetermined movement while maintaining a fixed point of eye gaze at a target displayed on the display screen wherein the predetermined movement comprises a rotation of the subject’s head away from the fixed point of gaze (Paragraph 0153, 0160-0172, 0215-0216--Head: In this test, the subject is asked to actively move his/her head about 20 degrees each time he/she is given a cue signal…targets or visual elements could also be designed for when the head is in motion and the visual element is motionless or when both the head and the visual element are in motion. In either VR or AR, the displayed targets or visual elements can be static in a position or location or the displayed targets or visual elements can be dynamically changing in position, depending on the specific test being performed or rehabilitation method being used; paragraph 0226, 0342-0343-- If using a hand held device, the video camera can be located remotely in the device being held);
track the point of gaze of the subject's eyes with the camera of the external visual display device (Paragraph 0153, 0160-0172, 0215-0216, 0342-0343--The eye sensor (typically a video camera) measures eye movement relative to head movement 642);
monitor the pupils of the subject using the camera of the external visual display device (Paragraph 0142, 0225, 0269-0276);
audibly prompting the subject (Paragraph 0165, 0342-0343--cues can be audio cues…The smartphone-based system could also use auditory signals for instructions, audio cues during the test, and/or alarms);
track movement of the subject using the IMU (Paragraph 0163, 0300-0301--The head orientation sensor measures changes in head pitch, roll, and/or yaw 640);
generate data representing a measured deviation between the fixed point of eye gaze and the tracked point of gaze (Paragraph 0172--The processor in the AR/VR system then compares eye movement to timing and appearance/disappearance of visual elements on display, and the location of these visual elements to determine vestibulo-ocular performance 644. Performance could be measured as accuracy, gain, phase, symmetry, velocity, saccades, and/or visual acuity);
generate visual feedback indicative of the measured deviation on the display screen of the external visual display device (Paragraph 0340, 0342-0343--remote location could then provide verbal or visual feedback to the user and this feedback could be integrated with other information provided to the user…Data on the smartphone could be stored, logged, interpreted, displayed, and/or transmitted to other devices);
wherein the external visual display device is configured to be hand-held by the subject (Paragraph 0224, 0226, 0342-0343—the video camera contained in a smart phone or tablet device could be used as an eye tracker… If using a hand held device, the video camera can be located remotely in the device being held… The eye tracking system can be mounted on a head worn device, on eyeglasses framework, or partially within the lens of eyeglass or contact lens on in a hand held mobile smart device, such as a smart phone, smart pad…It would also be possible for the smartphone to be handheld instead of head-mounted); and
wherein all components of the system are held or worn by the subject (Paragraph 0224, 0226, 0300-0301, 0342-0343).
However, Krueger does not specifically teach based on the generated data adjusting a predetermined schedule of future times in which the visual display device prompts the subject. Marciello, in analogous art of an apparatus and methods for conducting remote therapy such as vestibular training through prompting a user to perform motions (Paragraph 0002, 0010, 0021, 0031), teaches a method may include adjusting the frequency of a therapy session based on data related to the user’s performance of the motions (Paragraph 0034-0035—adjusting the user’s therapy regimen according to data made available that is descriptive of movements made by the user…increase or decrease a frequency of therapy sessions). It would have been obvious to one having ordinary skill in the art at the time of filing to combine the method of Krueger with the adjusting of therapy sessions of Marciello in order to prompt the adjusting of the predetermined schedule of future times in which the visual display device prompts the subject based on the generated data in order to predictably improve the ability of the system to be used in a graduated therapy regimen as motivated by Krueger (see Krueger, paragraph 0284, 0339, 0352, 0355, 0359).
Kroll, in analogous art of a body worn device which monitors and prompts user activity (Abstract), discloses storing a normal awake period of a subject and prompting the user during a normal awake period of the subject (Paragraph 0054-0057, 0066—personalized recommendations and calibration may incorporate inputs on the user’s lifestyle…including…daily sleep habits, hours, and duration…user inputs are stored in a system database and are used to determine device parameters, calorie burn equations, and activity recommendations that are most closely aligned with the users responses; Paragraph 0088-0089—Alerts can be disabled during user defined sleep periods…The CPU processes user body movements in several ways. Individual axes of motion are used to determine body posture and infer activities, such as horizontal (sleeping or not worn) or vertical (awake and worn)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Krueger, and Marciello to store, with other parameters of a subject, a normal awake period of the subject and distribute the predetermined schedule of future times within the normal awake period as taught by Kroll, so as to alert the user to perform a vestibular therapy on a daily basis during a time window in which the user is capable of performing the vestibular therapy and maintain a vestibular therapy schedule over time to treat vestibular disorders (Kroll, paragraph 0041).
However, Krueger does not specifically disclose monitoring for pupil dilation of the subject using the camera of the external display device and prompting the subject to cease performing the exercise if pupil dilation is detected with the camera. Murillo, in analogous art of a headset which presents a display to a user and includes sensors for tracking eye movements (Abstract; paragraphs 0033, 0056; eye tracking sensors 134B) discloses wherein the system may include monitoring for pupil dilation of the subject using the camera of the display device (Paragraphs 0082-0083—detecting dilation of the pupils of the user’s eyes) and prompting the subject to cease interacting with the displayed features if pupil dilation is detected with the camera (Paragraph 0082-0084-- Step 1104 includes the virtual reality headset system 8 determines that there is a health risk to the user, based on data collected in step 1102. In one embodiment, the system 8 determines there is a health risk in response to detecting dilation of the pupils of the user's eyes. This pupil dilation might suggest that the user is dizzy, of have some other type of health risk…Step 1106 includes automatically increasing the degree of light transmission of the window 102 in response to detecting that the user health risk. For example, the window 102 is placed into a transparent mode in which the user is able to clearly see details of objects in the world outside of the virtual reality headset). It would have been obvious to one having ordinary skill in the art at the time of filing to modify the system of Krueger, which discloses monitoring of the eyes using the camera of the display device, generally, and audibly prompting a user with instructions related to the performance of exercises, to monitor for pupil dilation of the subject using the camera of the display device and prompting the subject to cease interacting with the displayed features if pupil dilation is detected with the camera as Murillo discloses that pupil dilation may be associated with a health risk such as dizziness and that a user should cease the activity causing the dizziness, as this would predictably improve the safety of the system by monitoring for dizziness of a user undergoing vestibular therapy and prompting them to pause therapy prior to an episode of nausea or falling which may accompany dizziness.
Cheong, in analogous art of monitoring a user performing exercises, discloses monitoring changes in a subject's pupils (Paragraph 0706--one or more of the frequency or speed of eye blinks...increase/decrease in pupil size...) in order to determine if a user should be instructed to stop performing an exercise and audibly prompting the subject to cease performing the exercise based on the determination (Paragraph 1987--in case the stress level departs from a preset value range, the state determining module may control the display (e.g., the display 150) to display a stop exercise alarm so that the user may stop the exercise he is now doing. For example, also in case the stress level for the user corresponds to medium or high among high, medium, and low, the control module E210 may control the display to display the stop exercise alarm so that the user may stop the exercise he is now doing; paragraph 0573, 0577, 0752-0753--the at least one alarm signal may include at least one of a visual signal, an audible signal, and a tactile signal). It would additionally have been obvious to one having ordinary skill in the art at the time of filing to modify the system of Krueger, which discloses providing audible prompts to a user, to specifically provide an audible prompt to cease performing an exercise as disclosed by Cheong to predictably improve the safety of the system by monitoring for dizziness of a user undergoing vestibular therapy and prompting them to pause therapy prior to an episode of nausea or falling which may accompany dizziness.
Claim(s) 58 is/are rejected under 35 U.S.C. 103 as being unpatentable over Krueger (US 20160262608 A1), further in view of Marciello (US 20110117528 A1), further in view of Kroll (US 20100079291 A1), further in view of Zets (US 10258259 B1), further in view of Berme (US 10342473 B1).
Regarding claim 58, the combination of Krueger, Marciello, Kroll, and Zets teaches the method of claim 1. Krueger generally teaches monitoring eye gaze including symmetry of eye movements (Paragraph 0049) as well as monitoring eye movement during exercise performance to determine accuracy of a user’s performance (Paragraph 0172, 0184, 0267). However, the combination fails to explicitly teach monitoring for a verbal response from the subject to the prompt to read the one or more written words on the external visual display device; identifying the words in the verbal response; scoring the verbal response for accuracy by comparing the words in the verbal response to written words on the external visual display device.
Berme, in the same field of endeavor of a method for monitoring gaze of a subject during various exercises and tests, teaches monitoring for a verbal response from the subject to the prompt to read the one or more written words on the external visual display device (Col. 6, line 23-27 and Col. 36, line 5-Col. 37, line 40--- the neurocognitive task comprises reading one or more passages on a visual display device, and wherein the motor or muscular task comprises maintaining a substantially stationary, upright position on the surface of the measurement assembly…; passage 196); identifying the words in the verbal response; scoring the verbal response for accuracy by comparing the words in the verbal response to written words on the external visual display device (Col. 36, line 5-Col. 37, line 40--during the testing, the subject 108 reads the passage 196 on the subject visual display device 106, and the clinician or therapist determines whether or not the subject 108 read the passage 196 correctly or not (e.g., by assigning a reading score to the subject 108)…).
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the method of Krueger, Marciello, Kroll, and Zets to additionally include a reading test as described by Berme in order to provide an additional exercise (such as reading a passage while maintaining a posture) in order to monitor or train the user’s ability to perform this additional task, as Berme additionally discloses that visual acuity may be affected by unequal head or eye movements which may be observed through the method (Berme, Col. 36, line 5-Col. 37, line 40-- For a normal subject, the head and eye movement tracings are approximately equal to one another in magnitude, but opposite in direction. If the head and eye movements of the tested subject 108 are not approximately equal in magnitude and opposite in direction, then the visual acuity of the subject will deteriorate and the subject 108 will not be able to read the passage).
Response to Arguments
Applicant’s arguments, see pages 9-14 of applicant's remarks, filed 29 January 2026, with respect to the rejection(s) of the claims under 35 U.S.C. 103 have been fully considered and are not persuasive.
Regarding claim 1 and its dependents: The applicant argues that Zets lacks disclosure of having the subject read the text of the visual targets and that as a result, the combination of references fails to sufficiently teach and/or suggest each and every limitation of claim 1. As the visual target including one or more written words may be recognizable and identifiable to a user, it may be seen that the words may be read by the user.
It would have been obvious to one having ordinary skill in the art at the time of filing to modify the system of Krueger with the text display of Zets in order to predictably improve the ability of the device to be used to monitor additional parameters of vestibulo-ocular performance such as the scanning ability of a user (See Krueger, paragraph 0023, 0030) or to improve the accessibility of the device for users who are deaf or hard of hearing, wherein the written words of Zets would be used to provide instructions to a user. In either instance, the display of words on the screen may itself serve to prompt the subject to read the words as the words are recognized by the user and additionally because both of using written cues to monitor scanning parameters and using written instructions would necessarily require that the user reads the words on the display.
Regarding claim 42 and its dependents: The applicant argues that there is no reasonable expectation that Krueger can be successfully modified with the teachings of Epley as Epley requires a particular structure of cameras and chairs not compatible with Krueger. However, It is noted that the system of Epley utilizes a system comprising a computer for receiving data (computer 20) and cameras aimed at the subject’s eyes to acquire the movement data of the subject’s eyes for the observation of nystagmus activity (Paragraphs 0053-0055; cameras 36, 38), where the computer can process the data from the cameras to assess nystagmus activity in one or both of the subject’s eyes (Paragraph 0075-- One of the appropriate algorithmic components of the algorithm structure contained within computer 20 observes various data components supplied to the computer, such as components supplied directly from visual imagery obtained through camera 36, to assess current nystagmus activity in one or both of a subject's eyes. This activity, which can be thought of as being involuntary subject activity, and which can depend, in certain instances, upon the spatial orientation, upon the angular motion or acceleration, and/or upon various disease processes, of and relating to subject 12, is processed by the computer, and presented in graphical and visual form within image site 80 in FIG. 4). As such, while the drawings of Epley appear in conflict with the structure of Krueger, the structure itself amounts to merely camera-equipped goggles which are connected to a computer for the purpose of analyzing data, which is itself compatible with the system of Krueger which recites camera-equipped virtual reality goggles. This is further supported by the statement of the prior art of Epley, which describes that at the time of filing, the state of the art of such a system encompassed virtual reality headsets in combination with video screens and spatial orientation sensors, but not the use of video cameras in such systems (Paragraph 0030) such that the key difference from a sensor-equipped virtual reality headset is the use of eye-tracking cameras. Krueger, as a more recent invention, encompasses the past field of the art and itself includes the once-novel addition of eye tracking cameras.
Regarding claim 48: The applicant argues that Cheong lacks disclosure of prompting the subject to cease performing the exercise if pupil dilation is detected and that Cheong fails to teach or suggest “monitor for pupil dilation of the subject using the camera of the external visual display device” and “audibly prompt the subject to cease performing the exercise with the electroacoustic transducer if pupil dilation is detected with the camera”.
However, Cheong demonstrates that an eye-tracking system may monitor the size of a user’s pupils (e.g., dilation of the pupils), and that a change in the pupil size may indicate a state of the user such as stress or some other emotional state, wherein the system may audibly prompt the subject to cease performing the exercise based on determining that the user is in a stressed or other emotional state as noted with the citations listed above in this action. As Murillo has additionally been provided to demonstrate that pupil dilation may not be favorable, but may indicate dizziness of a user and require that the user pauses or decreases activity, it is clear that the combination described above in this action sufficiently teaches or suggests “monitor for pupil dilation of the subject using the camera of the external visual display device” and “audibly prompt the subject to cease performing the exercise with the electroacoustic transducer if pupil dilation is detected with the camera”.
Regarding new claim 58, a newly cited reference Berme (US 10342473 B1) has been supplied to disclose the limitations of the claim.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in 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 mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/ANNA ROBERTS/Examiner, Art Unit 3791 /ALEX M VALVIS/Supervisory Patent Examiner, Art Unit 3791
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