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 .
DETAILED ACTION
The instant application having Application No. 17/717,974 filed on 4/11/2022 is presented for examination by the examiner.
The amended claims submitted July 10, 2026 in response to the office action mailed April 10, 2026 are under examination. Claims 1-7, 9-11 and 13-19 are pending, of which claims 10-11 are withdrawn as non-elected and claims 1-7, 9 and 13-19 are under consideration. Claims 8, 12 and 20 are cancelled.
Examiner Notes
Examiner cites particular columns and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Information Disclosure Statement
As required by M.P.E.P. 609, the applicant' s submissions of the Information Disclosure Statement dated July 10, 2026 is acknowledged by the examiner and the cited references have been considered in the examination of the claims now pending.
Claim Rejections - 35 USC § 112
The 35 USC §112 rejections of the previous office action have been overcome by the amendments to the claims. However, the following 35 USC §112 issues are raised by the amendments to the claims.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-7, 9 and 13-19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Regarding claims 1 and 13, the limitation “a first pneumatic actuator coupled to the eyeglass temple attachment to move the eyeglass temple attachment in a vertical direction” in context with the limitations (claim 1) “receiving a set of measurements corresponding to a length of eyeglass temple attachments on a pair of eyeglasses; receiving user feedback from a user wearing the pair of eyeglasses, the feedback comprising an indication of a fit of the pair of eyeglasses on the user; based on the set of measurements, generating a predicted set of measurements for the length of the eyeglass temple attachments using a machine learning model configured to analyze the user feedback” or (claim 13) “receive a set of measurements corresponding to a length of eyeglass temple attachments on a pair of eyeglasses; receive user feedback from a user wearing the pair of eyeglasses, the feedback comprising an indication of a fit of the pair of eyeglasses on the user; based on the set of measurements, generate a predicted set of measurements for the length of the eyeglass temple attachments using a machine learning model configured to analyze the user feedback” were not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. It is not difficult to picture how a expansion/contraction of 216 or 218 in the front-to-back horizontal direction would either lengthen/shorten the temple arm length or would put pressure on the temple-hinge to change the angle of the temples thereby adjusting the fit. Thus, “horizontal” can be understood to be some movement in a horizontal plane when the eyeglasses are worn by an upright wearer. However, it is not apparent how a vertical expansion or contraction of 216 or 218 would adjust the fit of the temples, where “vertical” is taken in its common meaning of perpendicular to the horizontal plane. As evidenced by Loeb et al. US 2012/0147317 A1 a vertical adjustment of eyewear is typically achieved by an adjustment to the nose pads (see Fig. 9 and paragraph [0124]). Nothing from the specification or drawings clarifies how moving the temple attachments 216 or 218 in a vertical direction would have any effect on the fit of the eyeglasses.
There are many factors to be considered when determining whether there is sufficient evidence to support a determination that a disclosure does not satisfy the enablement requirement and whether any necessary experimentation is “undue”. These factors include, but are not limited to:
(A) The breadth of the claims;
(B) The Nature of the invention;
(C) The state of the prior art;
(D) The level of one of ordinary skill;
(E) The level of predictability in the art;
(F) The amount of direction provided by the inventor;
(G) The existence of working examples; and
(H) The quantity of experimentation needed to make or use the invention based on the content of the disclosure.
In re Wands, 858 F.2d 7331, 737, 8 USPQ2d 1400, 1404 (Fed. Cir. 1988).
In the instant case, (A) the breadth of the claims is not an issue.
(B) The nature of the invention is drawn to pneumatic actuators that can adjust the fit of the temples of the eyeglasses in response to pressure and camera measurements. As evidenced by Loeb et al. US 2012/0147317 A1, a vertical adjustment of eyewear is typically achieved by an adjustment to the nose pads, which is outside of the scope of the present application.
(C) The prior art includes both horizontal and vertical movements of the display portion of eyewear, see Olsson et al. US 2013/0188080 A1 Figs. 5-11, and Kamakura US 20200371365 Figs. 6 and 8. However, these are accomplished by moving the display relative to the temples, not by actuating the temples. Kamakura also teaches a vertically swinging movement of the temple tips in Fig. 10, however, this requires a pivotal connection not depicted in the instant application, and does not change the length of the temples or temple attachments as claimed.
(D) The level of ordinary skill in the art is high and would encompass familiarity with other mechanically or pneumatically adjustable systems. However, given the scant description and lack of detail in the drawings of the instant application, it is not readily apparent what mechanism would need to be imported to make the claimed invention.
(E) The level of predictability in the art is high.
(F) The specification merely repeats the claimed feature without explanation, thus the amount of direction provided by the inventor is scant.
(G) No working examples are presented. The specification describes “During operation 306, the actuator control system 130 causes each set of pneumatic actuators to expand or shrink the materials of each of the temple attachment 216 and temple attachment 218 based on the predicted set of measurements. The temple attachment 216 and temple attachment 218 of the pair of eyeglasses may be constructed out of a material that can roll in and out to expand or shrink the required distance. The material may be inside a tubular cover and can move in and out of the exterior tubular cover to adjust its size.” However, no illustration is provided that would inform the reader how the material or cover should be positioned, oriented and expandable to enable the claimed vertical movement of the temple attachments.
(H) An undue quantity of experimentation needed to make or use the invention based on the content of the disclosure at least because it is unclear what mechanism is being utilized by the present inventors and little to no direction has been provided.
Claims 2-7, 9 and 14-19 depend from claims 1 or 13 and inherit and do not mitigate the above enablement issue from claims 1 or 13.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-7, 9 and 13-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 1 and 13, the newly added limitation “a first pneumatic actuator coupled to the eyeglass temple attachment to move the eyeglass temple attachment in a vertical direction and a second pneumatic actuator coupled to the eyeglass temple attachment to move the eyeglass temple attachment in a horizontal direction” is indefinite because it is unclear what directions, with respect to the head or the wearer, or with respect to the eyeglasses, are considered to be the horizontal and vertical directions. It is not difficult to picture how an expansion/contraction of 216 or 218 in the front-to-back horizontal direction would either lengthen/shorten the temple arm length or would put pressure on the temple-hinge to change the angle of the temples thereby adjusting the fit. Thus, “horizontal” can be understood to be some movement in a horizontal plane when the eyeglasses are worn by an upright wearer. However, it is not apparent how a vertical expansion or contraction of 216 or 218 would adjust the fit of the temples, where “vertical” is taken in its common meaning of perpendicular to the horizontal plane1. As evidenced by Loeb et al. US 2012/0147317 A1 a vertical adjustment of eyewear is typically achieved by an adjustment to the nose pads (see e.g. Fig. 9 and paragraph [0124] or Fig. 24 and paragraph [0254]). Thus, it is unclear whether “vertical” simply means orthogonal to the first horizontal direction, or if “vertical” actually means the typical up-down direction, but where the efficacy or effect of the second actuator is unclear. For the purpose of considering prior art, either meaning will be construed as meeting the claim. It is not apparent to the examiner how this indefiniteness can be overcome other than by deleting this recitation. Appropriate correction is required.
Claims 2-7, 9 and 14-19 depend from claims 1 or 13 and inherit and do not mitigate the above indefiniteness issue from claims 1 or 13.
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.
Claims 1-2, 4-7, 9, 13-14 and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over CN 212181165 U (cited in an IDS, hereafter CN 165, where reference will be made to the attached machine translation) in view of Aghara et al. US 2018/0046147 A1 (cited in an IDS, hereafter Aghara), Mulliken et al. US 2021/0068277 A1 (cited in an IDS, hereafter Mulliken), Loeb et al. US 2012/0147317 A1 (hereafter Loeb) and Hossain et al. US 2021/0294104.
Regarding claim 1, CN 165 teaches “A method (see steps below) comprising:
receiving a set of measurements (paragraph [0030] pressure thresholds) corresponding to a length of eyeglass temple attachments on a pair of eyeglasses (The eyeglass temple attachments are the deformable components 2, which are air bags, see Fig. 1 and paragraphs [0025] -[0026] and [0030]. The pressure in the air bags corresponds to their deformation state, i.e. length. The set of measurements corresponds to the measurement of pressures in the determination of the pressure thresholds, see paragraph [0030].);…
based on the set of measurements, generating a predicted set of measurements for the length of the eyeglass temple attachments (the predicted set of measurements corresponds to the pressure thresholds, which are based on the pressure measurements in the first method step and then transmitted and stored in the actuator, see paragraph [0030]);…
for each eyeglass temple attachment of the eyeglass temple attachments:
transmitting the predicted set of measurements to … a second pneumatic actuator (micro air pump 3) coupled to the eyeglass temple attachment (paragraph [0028]: “The micro air pump 3 is connected to each airbag body and can automatically control the inflation and deflation of the airbag body, thereby controlling the deformation state of each airbag body.”) to move the eyeglass temple attachment in a horizontal direction (the airbags inflate and deflate inwardly from the temples in a horizontal direction)…
determining a set of pressure measurements corresponding to a pressure of eyeglass temples against a user of the pair of eyeglasses (pressure measurements are carried out when the device is worn, see paragraphs [0030] and [0036]), the eyeglass temples being physically coupled to the eyeglass temple attachment (see Fig. 1);
based on the comparison, determining the set of pressure measurements (paragraph [0030]: “when the pressure information measured by the pressure detection module 4 obtained by the processor is less than the pressure threshold, the micro air pump 3 is controlled to continuously inflate the airbag body; when the pressure information measured by the pressure detection module 4 obtained by the processor is equal to the pressure threshold, the micro air pump 3 is controlled to stop inflating the airbag body”)…
based on the set of pressure measurements, generating an adjusted set of measurements, the adjusted set of measurements comprising a modification to the predicted set of measurements (paragraph [0030]: “when the pressure information measured by the pressure detection module 4 obtained by the processor is less than the pressure threshold, the micro air pump 3 is controlled to continuously inflate the airbag body; when the pressure information measured by the pressure detection module 4 obtained by the processor is equal to the pressure threshold, the micro air pump 3 is controlled to stop inflating the airbag body”); and
transmitting the adjusted set of measurements to… the second pneumatic actuator coupled to the eyeglass temple attachment (paragraph [0030]: “when the pressure information measured by the pressure detection module 4 obtained by the processor is less than the pressure threshold, the micro air pump 3 is controlled to continuously inflate the airbag body; when the pressure information measured by the pressure detection module 4 obtained by the processor is equal to the pressure threshold, the micro air pump 3 is controlled to stop inflating the airbag body”).”
However, CN 165 fails to explicitly teach “receiving user feedback from a user wearing the pair of eyeglasses, the feedback comprising an indication of a fit of the pair of eyeglasses on the user.”
Aghara teaches (claim 1) “A method (Fig. 7) comprising:
receiving a set of measurements corresponding to a length of eyeglass temple attachments on a pair of eyeglasses (step 704 paragraph [0064]: “place the HMD straps in an initial loosened state” an initial loosened state has straps of a predetermined length. The predetermined loosened state configuration is a set of measurements.);
receiving user feedback from a user wearing the pair of eyeglasses (step 732 paragraph [0071]: “manual user input”), the feedback comprising an indication of a fit of the pair of eyeglasses on the user (paragraph [0071]: “wherein the manual user input may be fine tuning of the strap fit”);
based on the set of measurements, generating a predicted set of measurements for the length of the eyeglass temple attachments (steps 704, 720, 728 and step 732 all involve adjusting the strap, and thus generating a predicted set of measurements for the length and adjusting the strap to those predicted lengths) using … the user feedback (step 732 explicitly uses the user feedback amongst all of the steps that adjust the length);
for each eyeglass temple attachment of the eyeglass temple attachments:
transmitting the predicted set of measurements to … pneumatic actuators (545 motor and pump to inflate or deflate straps) coupled to the eyeglass temple attachment (see Fig. 5B);
determining a set of pressure measurements (step 724) corresponding to a pressure of eyeglass temples against a user of the pair of eyeglasses (see Fig. 5A), the eyeglass temples being physically coupled to the eyeglass temple attachment (see Fig. 5A);
based on the set of pressure measurements, generating an adjusted set of measurements, the adjusted set of measurements comprising a modification to the predicted set of measurements (step 728); and
transmitting the adjusted set of measurements to the pair of pneumatic actuators coupled to the eyeglass temple attachment (step 728).”
Aghara further teaches (paragraph [0003]) that properly adjusting the HMD staps play a big role in comfort and that proper fitting the HMD is necessary for a positive user experience.
Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate manual user input into the fitting process as taught by Aghara in the method of CN 165 for the purpose of ensuring proper fitting, comfort and a positive user experience as taught by Aghara (paragraph [0003]).
However, CN 165 and Aghara fail to explicitly teach “using a machine learning model configured to analyze the user feedback.”
Mulliken teaches a method of adjusting the fit of a headmounted device (400) using temple attachments (tension adjuster Figs. 13-19) “using a machine learning model configured to analyze [conditions] (paragraph [0080]: “a relationship between biometric conditions and tension levels can be learned using machine learning techniques, such as by training a deep neural network. According to these or other techniques, the biometric signal 736 may be used by the tension controller 726 to determine the tensioning command 738 under reactive or predictive control.” and paragraph [0089]: “a relationship between proximity values and tension levels can be learned using machine learning techniques, such as by training a deep neural network. According to these or other techniques, the proximity signal 1036 may be used by the tension controller 1026 to determine the tensioning command 1038 under reactive or predictive control.”).”
Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a machine learning model as taught by Mulliken into the method of the CN 165 – Aghara combination for the purpose of enabling reactive or predictive control as taught by Mulliken (paragraphs [0080] and [0089]) and because Mulliken teaches that machine learning techniques, such as by training a deep neural network are appropriate for determining the operating parameters of an adjustable headworn device.
Note that the combination of limitations “using a machine learning model configured to analyze the user feedback” are considered to be taught by the combination of references because Aghara teaches the incorporation of user feedback into the adjustment system and Mulliken teaches utilizing a machine learning technique such as a deep neural network. Thus, taken together it would have been obvious to apply such a deep neural network analysis to any of the input mechanisms of the CN 165 – Aghara combination.
However, the CN 165 – Aghara – Mulliken combination fails to explicitly teach “for each eyeglass temple attachment… a first pneumatic actuator coupled to the eyeglass temple attachment in a vertical direction… transmitting the adjusted set of measurements to the first pneumatic actuator”.
Loeb teaches (Figs. 24-29) “A method (see steps below) comprising:
receiving a set of measurements (e.g. paragraph [0103]: “As used herein, "automatically" may refer to when input is received by a mechanism based on a sensor or other automated system for determining when the mechanism is to be activated without receiving a direct indication from the user.” and paragraph [0261]: “the actuator 2909 may be automatically or semi-automatically activated so as to apply and remove fluid from the fluid holding element 2908”) corresponding to a length (height of 2409, size of 2509) of eyeglass temple attachments (in Fig. 24: 2411, 2408, 2412 and 2409 are an eyeglass temple attachment, in that 2411, 2408 and part of 2412 are positioned on and attached to the temple. In Fig. 29 this would include 2907, 2909, 2916, 2908 and 2912) on a pair of eyeglasses (Figs. 24-29);
receiving user feedback from a user wearing the pair of eyeglasses, the feedback comprising an indication of a fit of the pair of eyeglasses on the user (e.g. paragraph [0103]: “As used herein, "semi-automatically" may refer to when a wearer sends a signal to a mechanism (e.g. via a push button, touch switch, tilt switch--e.g. based on a predefined head movement which is not a typical or a normal movement of the head (such as a quick jerk or jerks of the head), etc) to activate so as to adjust the position of the movable member.” and paragraph [0261]: “the actuator 2909 may be automatically or semi-automatically activated so as to apply and remove fluid from the fluid holding element 2908.”);
based on the set of measurements, generating a predicted set of measurements for the length of the eyeglass temple attachments (see e.g. paragraph [0261])…
for each eyeglass temple attachment of the eyeglass temple attachments:
transmitting the predicted set of measurements to a first pneumatic actuator (actuator 2909, actuator arm 2916 and fluid holding element 2908) coupled to the eyeglass temple attachment to move the eyeglass temple attachment in a vertical direction (the nosepad 2409, 2509, 2614 etc move vertically to adjust the height of the eyeglasses on the wearer’s nose.)…
transmitting the adjusted set of measurements to the first pneumatic actuator… coupled to the eyeglass temple attachment (paragraph [0261]: “the actuator 2909 may be automatically or semi-automatically activated so as to apply and remove fluid from the fluid holding element 2908. The actuator 2909 may automatically move the actuator arm 2916 so as to apply a force to the fluid holding element 2908 (which may comprise a gas, liquid or a gel in some embodiments). The fluid holding element 2908, the tube 2912, hinge 2915, and the tube 2919 may have similar characteristics to those described above with reference to FIG. 28. The electronic module 2907 may comprise some or all of the components needed to control the actuator 2909 (i.e. the motor), including a power source (e.g. a battery), a controller (e.g. microprocessor or ASIC), and/or a sensing mechanism (e.g. micro-accelerometer, touch switch, etc.).”).”
Loeb further teaches (paragraphs [0110]-[0114]): “Embodiments provided herein may comprise eyewear (such as spectacle frames or eyeglasses) that may move or adjust the position of the lenses of the eyewear relative to a wearer's eyes. The movement of the frames may be such that one or more optical zones of the lenses are positioned in front of a wearer's eye (or in a more operable viewing position) when desired or needed. Embodiments may comprise a movable member that may be utilized to adjust the position of the lenses (e.g. by moving the lens housing), as well as various mechanisms for adjusting the position of the movable member…
The inventors have also found that in some embodiments a fluid may be used to adjust the position of the lenses (whether through manual or automatic/semi-automatic devices or components). This may also provide benefits with regard to the aesthetic appearance of the eyewear, as well as potentially reducing the complexity of the components of the device itself. For example, the use of a fluid to apply pressure/force to a movable component may reduce the number of moving components (particularly micro-components) of the device and may thereby make a more reliable and less expensive device. In addition, the inventors have discovered that integrating the components for holding the fluid into the temples and/or using a sealed system (which may reduce the size of the components and/or the amount of fluid needed for the device), the mechanism may be masked or hidden by the frames. Some embodiments may also reduce the size and/or number of components that may be disposed on the lens housing (for instance in the bridge) and thereby enable different style of frames and lens housing to be used.”
Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a first pneumatic actuator as taught by Loeb that moves the eyeglass temple attachment in a vertical direction as taught by Loeb in the device of the CN 165 – Aghara – Mulliken combination in order to position different optical zones of the eyeglass lenses appropriately relative to the eyes of the wearer as taught by Loeb (paragraph [0110]).
CN 165 fails to explicitly teach “receiving a first set of images from a front facing camera coupled to the pair of eyeglasses, the first set of images comprising a first view of the user wearing the pair of eyeglasses….
receiving a second set of images from the front facing camera, the second set of images captured after transmission of the predicted set of measurements …
comparing, using an image processing algorithm, color data associated with the user’s skin from the first set of images to color data associated with the user’s skin from the second set of images;
based on the comparison, determining the set of pressure measurements.”
Hossain teaches a head-mounted device that may include displays (see Fig. 1 and paragraph [0032]). Hossain further teaches “receiving a first set of images (paragraph [0051]: “rear-facing image sensors… to monitor parts of the user's face.” an image sensor that monitors parts of the user’s face takes sets of images, including a first set of images) from a front facing camera coupled to the pair of eyeglasses (paragraph [0051]: “rear-facing image sensors in housing portion 12M may be used to monitor parts of the user's face.” The “rear-facing” image sensors are “front facing” in the terminology of the instant application in that they face the wearer.), the first set of images comprising a first view of the user wearing the pair of eyeglasses (paragraph [0051]: “rear-facing image sensors… to monitor parts of the user's face.”);
receiving a second set of images from the front facing camera, (paragraph [0051] “to monitor” thus multiple sets of images are collected as a function of time including a second set of images) the second set of images captured after transmission of the predicted set of measurements (paragraph [0063]: “Control circuitry 20 may use actuators to adjust the size, shape, stiffness, and/or other attributes of light seal 12R.” paragraph [0051] “to monitor” Thus a second set of images is captured during the monitoring of the face that would include times after instructions are sent to the actuators, and thus also after such a transmission);
comparing, using an image processing algorithm, color data associated with the user's skin from the first set of images (paragraph [0055]: “when a patch of skin in face 70 is subjected to pressure from surface 52, some of the blood near that patch of skin will be forced away, causing the patch of skin to appear lighter in color (less red). Accordingly, an optical sensor such as the sensor of FIG. 11 can be used to measure how much pressure is being exerted against face 70.” Thus color data of the user’s skin is processed by some algorithm that is an image processing algorithm to determine how much pressure is being exerted against the face of the user.) to color data associated with the user's skin from the second set of images (paragraph [0051] “to monitor” thus the color data of the user’s skin is being compared as a function of time to determine the current pressure exerted against the face);
based on the comparison, determining a set of pressure measurements (paragraph [0055]: “when a patch of skin in face 70 is subjected to pressure from surface 52, some of the blood near that patch of skin will be forced away, causing the patch of skin to appear lighter in color (less red). Accordingly, an optical sensor such as the sensor of FIG. 11 can be used to measure how much pressure is being exerted against face 70.”).”
Hossain further teaches:
paragraph [0054]: “As the user wears device 10, the user's face will apply pressure to light seal 12R and will tend to deform light seal 12R. Deformations of light seal 12R (twisting, bending, etc.) may arise both from the user's facial shape and changes to the user's facial expression and/or other real-time changes to the shape of the user's face.”
paragraphs [0065]-[0073]: “FIG. 23 is a flow chart of illustrative operations associated with operating device 10. During the operations of block 200, control circuitry 20 can gather sensor measurements from one or more sensors 16 in device 10 such as facial sensors and/or other sensors 16 in light seal 12R and/or facial image sensors or other sensors 16 located in other portions of housing 12M…. Different sensors measure different portions of the user's face and gather information such as facial pressure… other facial information (skin color…
[0066] During the operations of block 202, device 10 may, if desired, use the information gathered about the user's face to authenticate the user. Control circuitry 20 may, for example, compare the facial measurements to known facial measurements previously registered for a particular user. In this way, the user's identity can be confirmed before device 10 provides the user with access to user-specific content and device functions.
[0067] During the operations of block 204, facial sensor measurements (e.g., displacements of the type described in connection with FIGS. 19 and 20) may be used to adjust a display (e.g., to compensate for misalignment, etc.).
[0068] During the operations of block 206, actuators in seal 12R may be adjusted based on facial sensor measurements. For example, discomfort associated with locations on seal 12R that have elevated amounts of facial pressure can be reduced by selectively decreasing seal thickness in those locations….
[0070] During the operations of block 210, skin movement on the user's face can be used to determine the user's facial expression and to track how the user's facial expression is changing. If, for example, shear movement upward near the corners of the user's mouth is measured by the facial sensors in seal 12R, control circuitry 20 can determine that the user is making a smile. A computer-generated representation of the user (e.g., an avatar) that is being controlled by control circuitry 20 can be provided with a facial expression that is updated to include a corresponding smile. If the user stops smiling, the avatar can be updated in real time accordingly…
[0073] These activities that may be taken by device 10 based on facial sensor measurements from sensors in seal 12R are illustrative. In general, any suitable actions that may be taken in device 10 may be taken based partly or fully on facial sensor measurements.”
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a front facing camera that obtains sets of images of the user’s face in order to determine the pressure exerted on the user’s skin by processing color data of the user’s skin as taught by Hossain in the method of the CN 165 – Aghara – Mulliken – Loeb combination in order to use data from facial sensor measurements to perform such functions as alleviating discomfort, authentication to identify the user so that comparisons can be made to previously registered facial measurements, adjusting the display in response to movements, or generating an avatar whose facial expression is updated in real time to correspond to the facial expression of the wearer as taught by Hossain (paragraphs [0065]-[0073]).
Regarding claim 2, the CN 165 – Aghara – Mulliken – Loeb – Hossain combination teaches “The method of claim 1,” and CN 165 further teaches “historical user data (paragraph [0030]: “in the product design stage, it can be obtained through experiments that the deformation state of the airbag body can just make the wearable component 1 and the wearer wear stably, and does not cause discomfort to the wearer.”), the historical user data comprising at least one of: eyeglass temple attachment lengths, user face measurements, and eyeglass lenses sizes (the deformation state of the airbag is a measure of the eyeglass temple attachment length, and the comfort and stability of the wearable component are user face measurements in that they are measurements of the comfort of the user’s face and the stability of the wearable component on the user’s face).”
However, CN 165 fails to explicitly teach that “the machine learning model is trained on … data.”
Mulliken teaches a method of adjusting the fit of a headmounted device (400) using temple attachments (tension adjuster Figs. 13-19) where (claim 2) “the machine learning model is trained on … data (paragraph [0089]: “a relationship between proximity values and tension levels can be learned using machine learning techniques, such as by training a deep neural network. According to these or other techniques, the proximity signal 1036 may be used by the tension controller 1026 to determine the tensioning command 1038 under reactive or predictive control.”).”
Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to choose a machine learning technique as taught by Mulliken as the type of program used to obtain the pressure thresholds from the historical/experimental data as taught by CN 165 because Mulliken teaches that machine learning techniques, such as by training a deep neural network are appropriate for determining the operating parameters of an adjustable headworn device.
Regarding claim 4, the CN 165 – Aghara – Mulliken – Loeb - Hossain combination teaches “The method of claim 1,” however, CN 165 fails to teach “wherein heart rate or blood pressure information is determined using the second set of images, the adjusted set of measurements being generated based on the heart rate or blood pressure information.”
Hossain teaches “wherein heart rate (e.g. paragraphs [0050] or [0055] “heart rate”) or blood pressure information (this is optional) is determined using the second set of images (e.g. paragraph [0050]: “Facial sensors may be used to monitor the movement and location of the skin on the user's face, thereby allowing device 10 to gather information such… skin-related health data (e.g., data such as… heart rate”), the adjusted set of measurements being generated based on the heart rate or blood pressure information (see paragraphs [0043], [0050], [0055], [0065] and [0068] all of the listed facial sensor measurements provide input to the device and thus can be used as input to adjust the seal.).”
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a front facing camera that obtains sets of images of the user’s face in order to determine the heart rate as taught by Hossain in the method of the CN 165 – Aghara – Mulliken – Loeb - Hossain combination in order to use data from facial sensor measurements to perform such functions as alleviating discomfort, authentication to identify the user so that comparisons can be made to previously registered facial measurements, adjusting the display in response to movements, or generating an avatar whose facial expression is updated in real time to correspond to the facial expression of the wearer as taught by Hossain (paragraphs [0065]-[0073]).
Regarding claim 5, the CN 165 – Aghara – Mulliken – Loeb – Hossain combination teaches “The method of claim 1,” However, CN 165 fails to explicitly teach “wherein the first set of images are captured before transmission of the predicted set of measurements to the first pneumatic actuator and the second pneumatic actuator.”
Hossain teaches “wherein the first set of images are captured before transmission of the predicted set of measurements to the pair of pneumatic actuators (e.g. paragraphs [0066]-[0068]: “During the operations of block 202, device 10 may, if desired, use the information gathered about the user's face to authenticate the user. Control circuitry 20 may, for example, compare the facial measurements to known facial measurements previously registered for a particular user. In this way, the user's identity can be confirmed before device 10 provides the user with access to user-specific content and device functions… During the operations of block 206, actuators in seal 12R may be adjusted based on facial sensor measurements. For example, discomfort associated with locations on seal 12R that have elevated amounts of facial pressure can be reduced by selectively decreasing seal thickness in those locations.” Thus the step of obtaining a first set of images is prior to the step of actuation).”
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to obtain the first set of images prior to transmission of information to any actuators as taught by Hossain so that a user can be identified, authenticated and comparisons can be made to previously registered facial measurements and user-specific operations can be provided as taught by Hossain (paragraph [0066]).
Note that the limitations “before transmission of the predicted set of measurements to the first pneumatic actuator and the second pneumatic actuator” is considered to be met by the combination of references because CN 165 teaches the control of a pneumatic actuator based on measurements and Hossain teaches obtaining facial measurements before any such control.
Regarding claim 6, the CN 165 – Aghara – Mulliken – Loeb – Hossain combination teaches “The method of claim 1,” and CN 165 further teaches “wherein the eyeglass temples are a pair of eyeglass temples (see pair of temples in Fig. 1), and
wherein a first eyeglass temple of the pair of eyeglass temples comprises a first one of the eyeglass temple attachments and a first pair of pneumatic actuators associated therewith (as shown in Fig. 1 the left temple has a micro air pump 3, three airbag bodies 2 on the temple itself, and one airbag body 2 at the juncture between the front of the eyewear and the temple. Let the first pair be any two of the four air bag bodies 2 on the left temple) and a second eyeglass temple of the pair of eyeglass temples comprises a second one of the eyeglass temple attachments and a second pair of pneumatic actuators associated therewith (as shown in Fig. 1 the right temple has a micro air pump 3. The right temple also has three airbag bodies 2 on the temple itself, and one airbag body 2 at the juncture between the front of the eyewear and the temple, see paragraph [0023]: “the deformable components 2 that are set at symmetrical positions”. Let the second pair be any two of the four air bag bodies 2 on the right temple).”
Regarding claim 7, the CN 165 – Aghara – Mulliken – Loeb – Hossain combination teaches “The method of claim 6,” and CN 165 further teaches “wherein the first pair of pneumatic actuators and the second pair of pneumatic actuators are physically coupled to an air tank (micro air pumps 3) via an air line (paragraph [0038]: “each airbag body is connected to the micro air pump 3 through a compression link”).”
Regarding claim 9, the CN 165 – Aghara – Mulliken – Loeb – Hossain combination introduced for claim 1 above teaches “The method of claim 1, wherein transmitting the predicted set of measurements to the first pneumatic actuator and the second pneumatic actuator coupled to the eyeglass temples, causes the first pneumatic actuator and the second pneumatic actuator to expand or shrink the eyeglass temple attachments (For the first pneumatic actuator Loeb: e.g. paragraph [0255]: “The movable member 2509 may therefore comprise, in some embodiments a ballast, a bladder (or similar fluid containing element) that may expand when a fluid is applied therein, and contract and/or fold-up when fluid is removed.” For the second pneumatic actuator: CN 165: e.g. paragraph [0032]: “The airbag body can be inflated and deflated respectively, and the deformation state of the airbag body can be changed.”).”
Regarding claim 13, CN 165 teaches “A non-transitory computer-readable storage medium (e.g. paragraph [0030]: “the pressure threshold can be stored in In the processor” thus the processor includes computer-readable storage medium. Although CN 165 does not explicitly teach that the storage medium is non-transitory, this is a genus with two species, transitory and non-transitory, thus one of ordinary skill in the art would have at once envisaged that the storage medium in CN 165 is non-transitory2) including instructions that when executed by a computer (e.g. paragraph [0030]: “the control module is electrically connected to the pressure detection module 4, and the control module can obtain the pressure information measured by the pressure detection module 4, and can enable the micro air pump 3 to adjust the corresponding deformation state of the airbag body according to the pressure information.”), cause the computer to:
receive a set of measurements (paragraph [0030] pressure thresholds) corresponding to a length of eyeglass temple attachments on a pair of eyeglasses (The eyeglass temple attachments are the deformable components 2, which are air bags, see Fig. 1 and paragraphs [0025] -[0026] and [0030]. The pressure in the air bags corresponds to their deformation state, i.e. length. The set of measurements corresponds to the measurement of pressures in the determination of the pressure thresholds, see paragraph [0030].);…
based on the set of measurements, generate a predicted set of measurements for the length of the eyeglass temple attachments (the predicted set of measurements corresponds to the pressure thresholds, which are based on the pressure measurements in the first method step and then transmitted and stored in the actuator, see paragraph [0030])…
for each eyeglass temple attachment of the eyeglass temple attachments:
transmit the predicted set of measurements to… a second pneumatic actuator (micro air pump 3) coupled to the eyeglass temple attachments (paragraph [0028]: “The micro air pump 3 is connected to each airbag body and can automatically control the inflation and deflation of the airbag body, thereby controlling the deformation state of each airbag body.”) to move the eyeglass temple attachment in a horizontal direction (the airbags inflate and deflate inwardly from the temples in a horizontal direction);
determine a set of pressure measurements corresponding to a pressure of eyeglass temples against a user of the pair of eyeglasses (pressure measurements are carried out when the device is worn, see paragraphs [0030] and [0036]), the eyeglass temples being physically coupled to the eyeglass temple attachments (see Fig. 1);
based on the set of pressure measurements, generate an adjusted set of measurements, the adjusted set of measurements comprising a modification to the predicted set of measurements (paragraph [0030]: “when the pressure information measured by the pressure detection module 4 obtained by the processor is less than the pressure threshold, the micro air pump 3 is controlled to continuously inflate the airbag body; when the pressure information measured by the pressure detection module 4 obtained by the processor is equal to the pressure threshold, the micro air pump 3 is controlled to stop inflating the airbag body”); and
transmit the adjusted set of measurements to… the second pneumatic actuator coupled to the eyeglass temple attachments (paragraph [0030]: “when the pressure information measured by the pressure detection module 4 obtained by the processor is less than the pressure threshold, the micro air pump 3 is controlled to continuously inflate the airbag body; when the pressure information measured by the pressure detection module 4 obtained by the processor is equal to the pressure threshold, the micro air pump 3 is controlled to stop inflating the airbag body”).”
However, CN 165 fails to explicitly teach “receive user feedback from a user wearing the pair of eyeglasses, the feedback comprising an indication of a fit of the pair of eyeglasses on the user.”
Aghara teaches (claim 13) “instructions (Fig. 7)…
receive a set of measurements corresponding to a length of eyeglass temple attachments on a pair of eyeglasses (step 704 paragraph [0064]: “place the HMD straps in an initial loosened state” an initial loosened state has straps of a predetermined length. The predetermined loosened state configuration is a set of measurements.);
receive user feedback from a user wearing the pair of eyeglasses (step 732 paragraph [0071]: “manual user input”), the feedback comprising an indication of a fit of the pair of eyeglasses on the user (paragraph [0071]: “wherein the manual user input may be fine tuning of the strap fit”);
based on the set of measurements, generate a predicted set of measurements for the length of the eyeglass temple attachments (steps 704, 720, 728 and step 732 all involve adjusting the strap, and thus generating a predicted set of measurements for the length and adjusting the strap to those predicted lengths) using … the user feedback (step 732 explicitly uses the user feedback amongst all of the steps that adjust the length);
for each eyeglass temple attachment of the eyeglass temple attachments:
transmit the predicted set of measurements to … pneumatic actuators (545 motor and pump to inflate or deflate straps) coupled to the eyeglass temple attachment (see Fig. 5B);
determine a set of pressure measurements (step 724) corresponding to a pressure of eyeglass temples against a user of the pair of eyeglasses (see Fig. 5A), the eyeglass temples being physically coupled to the eyeglass temple attachment (see Fig. 5A);
based on the set of pressure measurements, generate an adjusted set of measurements, the adjusted set of measurements comprising a modification to the predicted set of measurements (step 728); and
transmit the adjusted set of measurements to the pair of pneumatic actuators coupled to the eyeglass temple attachment (step 728).”
Aghara further teaches (paragraph [0003]) that properly adjusting the HMD staps play a big role in comfort and that proper fitting the HMD is necessary for a positive user experience.
Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate manual user input into the fitting process as taught by Aghara in the method of CN 165 for the purpose of ensuring proper fitting, comfort and a positive user experience as taught by Aghara (paragraph [0003]).
However, CN 165 and Aghara fail to explicitly teach “using a machine learning model configured to analyze the user feedback.”
Mulliken teaches a method of adjusting the fit of a headmounted device (400) using temple attachments (tension adjuster Figs. 13-19) “using a machine learning model configured to analyze [conditions] (paragraph [0080]: “a relationship between biometric conditions and tension levels can be learned using machine learning techniques, such as by training a deep neural network. According to these or other techniques, the biometric signal 736 may be used by the tension controller 726 to determine the tensioning command 738 under reactive or predictive control.” and paragraph [0089]: “a relationship between proximity values and tension levels can be learned using machine learning techniques, such as by training a deep neural network. According to these or other techniques, the proximity signal 1036 may be used by the tension controller 1026 to determine the tensioning command 1038 under reactive or predictive control.”).”
Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a machine learning model as taught by Mulliken into the method of the CN 165 – Aghara combination for the purpose of enabling reactive or predictive control as taught by Mulliken (paragraphs [0080] and [0089]) and because Mulliken teaches that machine learning techniques, such as by training a deep neural network are appropriate for determining the operating parameters of an adjustable headworn device.
Note that the combination of limitations “using a machine learning model configured to analyze the user feedback” are considered to be taught by the combination of references because Aghara teaches the incorporation of user feedback into the adjustment system and Mulliken teaches utilizing a machine learning technique such as a deep neural network. Thus, taken together it would have been obvious to apply such a deep neural network analysis to any of the input mechanisms of the CN 165 – Aghara combination.
However, the CN 165 – Aghara – Mulliken combination fails to explicitly teach “for each eyeglass temple attachment… a first pneumatic actuator coupled to the eyeglass temple attachment in a vertical direction… transmitting the adjusted set of measurements to the first pneumatic actuator”.
Loeb teaches (Figs. 24-29) “instructions (see steps below) that when executed by a computer, cause the computer to:
receive a set of measurements (e.g. paragraph [0103]: “As used herein, "automatically" may refer to when input is received by a mechanism based on a sensor or other automated system for determining when the mechanism is to be activated without receiving a direct indication from the user.” and paragraph [0261]: “the actuator 2909 may be automatically or semi-automatically activated so as to apply and remove fluid from the fluid holding element 2908”) corresponding to a length (height of 2409, size of 2509) of eyeglass temple attachments (in Fig. 24: 2411, 2408, 2412 and 2409 are an eyeglass temple attachment, in that 2411, 2408 and part of 2412 are positioned on and attached to the temple. In Fig. 29 this would include 2907, 2909, 2916, 2908 and 2912) on a pair of eyeglasses (Figs. 24-29);
receive user feedback from a user wearing the pair of eyeglasses, the feedback comprising an indication of a fit of the pair of eyeglasses on the user (e.g. paragraph [0103]: “As used herein, "semi-automatically" may refer to when a wearer sends a signal to a mechanism (e.g. via a push button, touch switch, tilt switch--e.g. based on a predefined head movement which is not a typical or a normal movement of the head (such as a quick jerk or jerks of the head), etc) to activate so as to adjust the position of the movable member.” and paragraph [0261]: “the actuator 2909 may be automatically or semi-automatically activated so as to apply and remove fluid from the fluid holding element 2908.”);
based on the set of measurements, generate a predicted set of measurements for the length of the eyeglass temple attachments (see e.g. paragraph [0261])…
for each eyeglass temple attachment of the eyeglass temple attachments:
transmitting the predicted set of measurements to a first pneumatic actuator (actuator 2909, actuator arm 2916 and fluid holding element 2908) coupled to the eyeglass temple attachment to move the eyeglass temple attachment in a vertical direction (the nosepad 2409, 2509, 2614 etc move vertically to adjust the height of the eyeglasses on the wearer’s nose.)…
transmitting the adjusted set of measurements to the first pneumatic actuator… coupled to the eyeglass temple attachment (paragraph [0261]: “the actuator 2909 may be automatically or semi-automatically activated so as to apply and remove fluid from the fluid holding element 2908. The actuator 2909 may automatically move the actuator arm 2916 so as to apply a force to the fluid holding element 2908 (which may comprise a gas, liquid or a gel in some embodiments). The fluid holding element 2908, the tube 2912, hinge 2915, and the tube 2919 may have similar characteristics to those described above with reference to FIG. 28. The electronic module 2907 may comprise some or all of the components needed to control the actuator 2909 (i.e. the motor), including a power source (e.g. a battery), a controller (e.g. microprocessor or ASIC), and/or a sensing mechanism (e.g. micro-accelerometer, touch switch, etc.).”).”
Loeb further teaches (paragraphs [0110]-[0114]): “Embodiments provided herein may comprise eyewear (such as spectacle frames or eyeglasses) that may move or adjust the position of the lenses of the eyewear relative to a wearer's eyes. The movement of the frames may be such that one or more optical zones of the lenses are positioned in front of a wearer's eye (or in a more operable viewing position) when desired or needed. Embodiments may comprise a movable member that may be utilized to adjust the position of the lenses (e.g. by moving the lens housing), as well as various mechanisms for adjusting the position of the movable member…
The inventors have also found that in some embodiments a fluid may be used to adjust the position of the lenses (whether through manual or automatic/semi-automatic devices or components). This may also provide benefits with regard to the aesthetic appearance of the eyewear, as well as potentially reducing the complexity of the components of the device itself. For example, the use of a fluid to apply pressure/force to a movable component may reduce the number of moving components (particularly micro-components) of the device and may thereby make a more reliable and less expensive device. In addition, the inventors have discovered that integrating the components for holding the fluid into the temples and/or using a sealed system (which may reduce the size of the components and/or the amount of fluid needed for the device), the mechanism may be masked or hidden by the frames. Some embodiments may also reduce the size and/or number of components that may be disposed on the lens housing (for instance in the bridge) and thereby enable different style of frames and lens housing to be used.”
Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a first pneumatic actuator as taught by Loeb that moves the eyeglass temple attachment in a vertical direction as taught by Loeb in the device of the CN 165 – Aghara – Mulliken combination in order to position different optical zones of the eyeglass lenses appropriately relative to the eyes of the wearer as taught by Loeb (paragraph [0110]).
CN 165 fails to explicitly teach “receiving a first set of images from a front facing camera coupled to the pair of eyeglasses, the first set of images comprising a first view of the user wearing the pair of eyeglasses….
receiving a second set of images from the front facing camera, the second set of images captured after transmission of the predicted set of measurements …
comparing, using an image processing algorithm, color data associated with the user’s skin from the first set of images to color data associated with the user’s skin from the second set of images;
based on the comparison, determining the set of pressure measurements.”
Hossain teaches a head-mounted device that may include displays (see Fig. 1 and paragraph [0032]). Hossain further teaches “receiving a first set of images (paragraph [0051]: “rear-facing image sensors… to monitor parts of the user's face.” an image sensor that monitors parts of the user’s face takes sets of images, including a first set of images) from a front facing camera coupled to the pair of eyeglasses (paragraph [0051]: “rear-facing image sensors in housing portion 12M may be used to monitor parts of the user's face.” The “rear-facing” image sensors are “front facing” in the terminology of the instant application in that they face the wearer.), the first set of images comprising a first view of the user wearing the pair of eyeglasses (paragraph [0051]: “rear-facing image sensors… to monitor parts of the user's face.”);
receiving a second set of images from the front facing camera, (paragraph [0051] “to monitor” thus multiple sets of images are collected as a function of time including a second set of images) the second set of images captured after transmission of the predicted set of measurements (paragraph [0063]: “Control circuitry 20 may use actuators to adjust the size, shape, stiffness, and/or other attributes of light seal 12R.” paragraph [0051] “to monitor” Thus a second set of images is captured during the monitoring of the face that would include times after instructions are sent to the actuators, and thus also after such a transmission);
comparing, using an image processing algorithm, color data associated with the user's skin from the first set of images (paragraph [0055]: “when a patch of skin in face 70 is subjected to pressure from surface 52, some of the blood near that patch of skin will be forced away, causing the patch of skin to appear lighter in color (less red). Accordingly, an optical sensor such as the sensor of FIG. 11 can be used to measure how much pressure is being exerted against face 70.” Thus color data of the user’s skin is processed by some algorithm that is an image processing algorithm to determine how much pressure is being exerted against the face of the user.) to color data associated with the user's skin from the second set of images (paragraph [0051] “to monitor” thus the color data of the user’s skin is being compared as a function of time to determine the current pressure exerted against the face);
based on the comparison, determining a set of pressure measurements (paragraph [0055]: “when a patch of skin in face 70 is subjected to pressure from surface 52, some of the blood near that patch of skin will be forced away, causing the patch of skin to appear lighter in color (less red). Accordingly, an optical sensor such as the sensor of FIG. 11 can be used to measure how much pressure is being exerted against face 70.”).”
Hossain further teaches:
paragraph [0054]: “As the user wears device 10, the user's face will apply pressure to light seal 12R and will tend to deform light seal 12R. Deformations of light seal 12R (twisting, bending, etc.) may arise both from the user's facial shape and changes to the user's facial expression and/or other real-time changes to the shape of the user's face.”
paragraphs [0065]-[0073]: “FIG. 23 is a flow chart of illustrative operations associated with operating device 10. During the operations of block 200, control circuitry 20 can gather sensor measurements from one or more sensors 16 in device 10 such as facial sensors and/or other sensors 16 in light seal 12R and/or facial image sensors or other sensors 16 located in other portions of housing 12M…. Different sensors measure different portions of the user's face and gather information such as facial pressure… other facial information (skin color…
[0066] During the operations of block 202, device 10 may, if desired, use the information gathered about the user's face to authenticate the user. Control circuitry 20 may, for example, compare the facial measurements to known facial measurements previously registered for a particular user. In this way, the user's identity can be confirmed before device 10 provides the user with access to user-specific content and device functions.
[0067] During the operations of block 204, facial sensor measurements (e.g., displacements of the type described in connection with FIGS. 19 and 20) may be used to adjust a display (e.g., to compensate for misalignment, etc.).
[0068] During the operations of block 206, actuators in seal 12R may be adjusted based on facial sensor measurements. For example, discomfort associated with locations on seal 12R that have elevated amounts of facial pressure can be reduced by selectively decreasing seal thickness in those locations….
[0070] During the operations of block 210, skin movement on the user's face can be used to determine the user's facial expression and to track how the user's facial expression is changing. If, for example, shear movement upward near the corners of the user's mouth is measured by the facial sensors in seal 12R, control circuitry 20 can determine that the user is making a smile. A computer-generated representation of the user (e.g., an avatar) that is being controlled by control circuitry 20 can be provided with a facial expression that is updated to include a corresponding smile. If the user stops smiling, the avatar can be updated in real time accordingly…
[0073] These activities that may be taken by device 10 based on facial sensor measurements from sensors in seal 12R are illustrative. In general, any suitable actions that may be taken in device 10 may be taken based partly or fully on facial sensor measurements.”
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a front facing camera that obtains sets of images of the user’s face in order to determine the pressure exerted on the user’s skin by processing color data of the user’s skin as taught by Hossain in the method of the CN 165 – Aghara – Mulliken combination in order to use data from facial sensor measurements to perform such functions as alleviating discomfort, authentication to identify the user so that comparisons can be made to previously registered facial measurements, adjusting the display in response to movements, or generating an avatar whose facial expression is updated in real time to correspond to the facial expression of the wearer as taught by Hossain (paragraphs [0065]-[0073]).
Regarding claim 14, the CN 165 – Aghara – Mulliken – Loeb – Hossain combination teaches “The computer-readable storage medium of claim 13,” and CN 165 further teaches “historical user data (paragraph [0030]: “in the product design stage, it can be obtained through experiments that the deformation state of the airbag body can just make the wearable component 1 and the wearer wear stably, and does not cause discomfort to the wearer.”), the historical user data comprising at least one of: eyeglass temple attachment lengths, user face measurements, and eyeglass lenses sizes (the deformation state of the airbag is a measure of the eyeglass temple attachment length, and the comfort and stability of the wearable component are user face measurements in that they are measurements of the comfort of the user’s face and the stability of the wearable component on the user’s face).”
However, CN 165 fails to explicitly teach that “the machine learning model is trained on … data.”
Mulliken teaches a method of adjusting the fit of a headmounted device (400) using temple attachments (tension adjuster Figs. 13-19) where (claim 14) “the predicted set of measurements are generated use a machine learning model trained on … data (paragraph [0089]: “a relationship between proximity values and tension levels can be learned using machine learning techniques, such as by training a deep neural network. According to these or other techniques, the proximity signal 1036 may be used by the tension controller 1026 to determine the tensioning command 1038 under reactive or predictive control.”).”
Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to choose a machine learning technique as taught by Mulliken as the type of program used to obtain the pressure thresholds from the historical/experimental data as taught by CN 165 because Mulliken teaches that machine learning techniques, such as by training a deep neural network are appropriate for determining the operating parameters of an adjustable headworn device.
Regarding claim 16, the CN 165 – Aghara – Mulliken – Loeb - Hossain combination teaches “The non-transitory computer-readable storage medium of claim 13,” however, CN 165 fails to teach “wherein heart rate or blood pressure information is determined using the second set of images, the adjusted set of measurements generated based on the heart rate or blood pressure information.”
Hossain teaches “wherein heart rate (e.g. paragraphs [0050] or [0055] “heart rate”) or blood pressure information (this is optional) is determined using the second set of images (e.g. paragraph [0050]: “Facial sensors may be used to monitor the movement and location of the skin on the user's face, thereby allowing device 10 to gather information such… skin-related health data (e.g., data such as… heart rate”), the adjusted set of measurements generated based on the heart rate or blood pressure information (see paragraphs [0043], [0050], [0055], [0065] and [0068] all of the listed facial sensor measurements provide input to the device and thus can be used as input to adjust the seal.).”
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a front facing camera that obtains sets of images of the user’s face in order to determine the heart rate as taught by Hossain in the method of the CN 165 – Aghara – Mulliken – Loeb - Hossain combination in order to use data from facial sensor measurements to perform such functions as alleviating discomfort, authentication to identify the user so that comparisons can be made to previously registered facial measurements, adjusting the display in response to movements, or generating an avatar whose facial expression is updated in real time to correspond to the facial expression of the wearer as taught by Hossain (paragraphs [0065]-[0073]).
Regarding claim 17, the CN 165 – Aghara – Mulliken – Loeb – Hossain combination teaches “The non-transitory computer-readable storage medium of claim 13,” However, CN 165 fails to explicitly teach “wherein the first set of images are captured before transmission of the predicted set of measurements to the first pneumatic actuator and the second pneumatic actuator.”
Hossain teaches “wherein the first set of images are captured before transmission of the predicted set of measurements to the pair of pneumatic actuators (e.g. paragraphs [0066]-[0068]: “During the operations of block 202, device 10 may, if desired, use the information gathered about the user's face to authenticate the user. Control circuitry 20 may, for example, compare the facial measurements to known facial measurements previously registered for a particular user. In this way, the user's identity can be confirmed before device 10 provides the user with access to user-specific content and device functions… During the operations of block 206, actuators in seal 12R may be adjusted based on facial sensor measurements. For example, discomfort associated with locations on seal 12R that have elevated amounts of facial pressure can be reduced by selectively decreasing seal thickness in those locations.” Thus the step of obtaining a first set of images is prior to the step of actuation).”
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to obtain the first set of images prior to transmission of information to any actuators as taught by Hossain so that a user can be identified, authenticated and comparisons can be made to previously registered facial measurements and user-specific operations can be provided as taught by Hossain (paragraph [0066]).
Note that the limitations “before transmission of the predicted set of measurements to the first pneumatic actuator and the second pneumatic actuator” is considered to be met by the combination of references because CN 165 teaches the control of a pneumatic actuator based on measurements and Hossain teaches obtaining facial measurements before any such control.
Regarding claim 18, the CN 165 – Aghara – Mulliken – Loeb – Hossain combination teaches “The non-transitory computer-readable storage medium of claim 13,” and CN 165 further teaches “wherein the eyeglass temples are a pair of eyeglass temples (see pair of temples in Fig. 1), and
wherein a first eyeglass temple of the pair of eyeglass temples comprises a first one of the eyeglass temple attachments and a first pair of pneumatic actuators associated therewith (as shown in Fig. 1 the left temple has a micro air pump 3, three airbag bodies 2 on the temple itself, and one airbag body 2 at the juncture between the front of the eyewear and the temple. Let the first pair be any two of the four air bag bodies 2 on the left temple) and a second eyeglass temple of the pair of eyeglass temples comprises a second one of the eyeglass temple attachments and a second pair of pneumatic actuators associated therewith (as shown in Fig. 1 the right temple has a micro air pump 3. The right temple also has three airbag bodies 2 on the temple itself, and one airbag body 2 at the juncture between the front of the eyewear and the temple, see paragraph [0023]: “the deformable components 2 that are set at symmetrical positions”. Let the second pair be any two of the four air bag bodies 2 on the right temple).”
Regarding claim 19, the CN 165 – Aghara – Mulliken – Loeb – Hossain combination teaches “The non-transitory computer-readable storage medium of claim 18,” and CN 165 further teaches “wherein the first pair of pneumatic actuators and the second pair of pneumatic actuators are physically coupled to an air tank (micro air pumps 3) via an air line (paragraph [0038]: “each airbag body is connected to the micro air pump 3 through a compression link”).”
Claims 3 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over CN 212181165 U (cited in an IDS, hereafter CN 165, where reference will be made to the attached machine translation) in view of Aghara et al. US 2018/0046147 A1 (cited in an IDS, hereafter Aghara), Mulliken et al. US 2021/0068277 A1 (cited in an IDS, hereafter Mulliken), Loeb et al. US 2012/0147317 A1 (hereafter Loeb) and Hossain et al. US 2021/0294104 as applied to claims 1 and 13 above and further in view of Herman US 2020/0285231 A1 (hereafter Herman).
Regarding claim 3, the CN 165 – Aghara – Mulliken – Loeb – Hossain combination teaches the method of claim 1 however, CN 165 fails to teach “further comprising: receiving heart rate or blood pressure information from one or more capacitive sensors, the adjusted set of measurements being generated based on the heart rate or blood pressure information.”
Mulliken teaches “further comprising: receiving heart rate (paragraph [0078]: “heart-rate sensor”) or blood pressure information (this is optional)… the adjusted set of measurements being generated based on the heart rate or blood pressure information (e.g. paragraphs [0078]-[0079]: “The tension controller 726 is connected to a biometric sensor 734… As one example, the biometric sensor 734 may be a heart-rate sensor.. The tension controller 726 receives the biometric signal 736 from the biometric sensor 734 and determines a tensioning command 738 that may be provided to a tension adjuster 728 as an input.”).”
Mulliken further teaches (paragraph [0080]): “[0080] The tension controller 726 may use the biometric signal 736 by itself or in combination with signals that are output by other sensors (e.g., sensors that are included in the sensors 116 of the head-mounted device 100). The tensioning command 738 can be determined by the tension controller based on the biometric signal 736 in any suitable manner. As an example, the tensioning command 738 be determined by tracking a nominal or baseline state for one or more biometric conditions, determining a deviation from the one or more biometric conditions, and determining a tension level based on the deviation. As one example, tension can be increased in correspondence with the degree of deviation of the one or more biometric conditions from the nominal state. As one example, a relationship between biometric conditions and tension levels can be learned using machine learning techniques, such as by training a deep neural network. According to these or other techniques, the biometric signal 736 may be used by the tension controller 726 to determine the tensioning command 738 under reactive or predictive control.”
Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a heart rate sensor as taught by Mulliken in the method of the CN 165 combination in order to use the biometric signal in combination with signals from other sensors to determine the appropriate command under reactive or predictive control that can be optimized via machine learning techniques as taught by Mulliken (paragraph [0080]).
However, the CN 165 combination fails to explicitly teach “receiving heart rate or blood pressure information from one or more capacitive sensors.” In particular, Mulliken teaches using a heart rate sensor, but does not specify what type of heart rate sensor should or can be employed.
Herman teaches “receiving heart rate (paragraph [0012]: “detect the first heart rate”) or blood pressure information (this is optional) from one or more capacitive sensors (paragraph [0012]: “In some examples, to detect the first heart rate, one or more of the capacitive sensors is configured to collect measurements when the operator touches the steering wheel and the controller is configured to detect a rate at which the measurements spike and that corresponds with a heart rate of the operator.”).”
Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a capacitive heart-rate sensor as taught by Herman in the method of the CN 165 combination because Mulliken already teaches using a heart-rate sensor but not what type, Herman teaches that a capacitive heart-rate sensor that touches the operator’s skin is amongst the types of heart-rate sensors available, and the method of CN 165 already includes a device that is touching the operator’s skin.
Regarding claim 15, the CN 165 – Aghara – Mulliken – Loeb – Hossain combination teaches the non-transitory computer-readable storage medium of claim 13 however, CN 165 fails to teach “wherein the instructions further configure the computer to: receive heart rate or blood pressure information from one or more capacitive sensors, the adjusted set of measurements being generated based on the heart rate or blood pressure information.”
Mulliken teaches “receive heart rate (paragraph [0078]: “heart-rate sensor”) or blood pressure information (this is optional)… the adjusted set of measurements being generated based on the heart rate or blood pressure information (e.g. paragraphs [0078]-[0079]: “The tension controller 726 is connected to a biometric sensor 734… As one example, the biometric sensor 734 may be a heart-rate sensor.. The tension controller 726 receives the biometric signal 736 from the biometric sensor 734 and determines a tensioning command 738 that may be provided to a tension adjuster 728 as an input.”).”
Mulliken further teaches (paragraph [0080]): “[0080] The tension controller 726 may use the biometric signal 736 by itself or in combination with signals that are output by other sensors (e.g., sensors that are included in the sensors 116 of the head-mounted device 100). The tensioning command 738 can be determined by the tension controller based on the biometric signal 736 in any suitable manner. As an example, the tensioning command 738 be determined by tracking a nominal or baseline state for one or more biometric conditions, determining a deviation from the one or more biometric conditions, and determining a tension level based on the deviation. As one example, tension can be increased in correspondence with the degree of deviation of the one or more biometric conditions from the nominal state. As one example, a relationship between biometric conditions and tension levels can be learned using machine learning techniques, such as by training a deep neural network. According to these or other techniques, the biometric signal 736 may be used by the tension controller 726 to determine the tensioning command 738 under reactive or predictive control.”
Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a heart rate sensor as taught by Mulliken in the method of the CN 165 combination in order to use the biometric signal in combination with signals from other sensors to determine the appropriate command under reactive or predictive control that can be optimized via machine learning techniques as taught by Mulliken (paragraph [0080]).
However, the CN 165 combination fails to explicitly teach “receive heart rate or blood pressure information from one or more capacitive sensors.” In particular, Mulliken teaches using a heart rate sensor, but does not specify what type of heart rate sensor should or can be employed.
Herman teaches “receive heart rate (paragraph [0012]: “detect the first heart rate”) or blood pressure information (this is optional) from one or more capacitive sensors (paragraph [0012]: “In some examples, to detect the first heart rate, one or more of the capacitive sensors is configured to collect measurements when the operator touches the steering wheel and the controller is configured to detect a rate at which the measurements spike and that corresponds with a heart rate of the operator.”).”
Thus it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a capacitive heart-rate sensor as taught by Herman in the device of the CN 165 combination because Mulliken already teaches using a heart-rate sensor but not what type, Herman teaches that a capacitive heart-rate sensor that touches the operator’s skin is amongst the types of heart-rate sensors available, and the method of CN 165 already includes a device that is touching the operator’s skin.
Response to Arguments
Applicant's arguments filed July 10, 2026 have been fully considered.
In the first paragraph of page 8 of 11 of the applicant’s remarks the applicant points out where support can be found for the amendments to the claims. The examiner agrees, no new matter has been introduced.
Under the heading “Interview Summary” on page 8 of 11 of the applicant’s remarks the applicant notes that proposed claim amendments consistent with the currently filed amendments were discussed in the interview on July 7, 2026, where the Examiner indicated that such amendments would overcome the rejection of record and required further search and/or consideration. This is an accurate summary of the interview.
Under the heading “The Rejection of Claims under § 112” on page 8 of 11 of the applicant’s remarks the applicant argues that the 35 USC §112 rejections of claims 3-4 and 15-16 have been overcome by the amendments. The examiner agrees that these amendments overcome the §112 rejections of claims 3-4 and 15-16. However, as noted above, new 35 USC §112(a) and §112(b) issues are raised for claims 1-7, 9 and 13-19 and in light of the amendments to claims 1 and 13.
Under the heading “The Rejection of Claims under § 103” on pages 8 to 10 of and 11 of the applicant’s remarks the applicant argues that the amendments to claims 1 and 13 are not taught by the previously applied art. These arguments are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Under the heading “Reservation of Rights” on page 12 of 13 of the applicant’s remarks the applicant notes:
“In the interest of clarity and brevity, every assertion made in the Office Action may not have been equally addressed. Silence regarding any such assertion does not constitute any admission or acquiescence. All rights not exercised in connection with this response, such as the right to challenge or rebut any tacit or explicit characterization of any reference or of any of the present claims, the right to challenge or rebut any asserted factual or legal basis of any of the rejections, the right to swear behind any cited reference such as provided under 37 C.F.R. § 1.131 or otherwise, or the right to assert co-ownership of any cited reference, are reserved. It is not admitted that any of the cited references or any other references of record are relevant to the present claims, or that they constitute prior art. … All rights to pursue any cancelled claims in a subsequent patent application claiming the benefit of priority of the present patent application, and to request rejoinder of any withdrawn claim, as required by MPEP § 821.04, are likewise reserved.”
The reservations of rights to traverse the rejections in a variety of manners and to pursue any cancelled claims in a subsequent patent application are duly noted and extended.
However, the applicant also states “To the extent that any rejection or assertion is based upon the Examiner's personal knowledge, rather than any objective evidence of record as manifested by a cited prior art reference, timely objection to such reliance on Official Notice is made, and all rights to request that the Examiner provide a reference or affidavit in support of such assertion, as required by MPEP § 2144.03, are reserved.” This is not accurate. As noted in MPEP §2144.02(C) “To adequately traverse a finding based on official notice, an applicant must specifically point out the supposed errors in the examiner’s action, which would include stating why the noticed fact is not considered to be common knowledge or well-known in the art. A mere request by the applicant that the examiner provide documentary evidence in support of an officially-noticed fact is not a proper traversal. See 37 CFR 1.111(b).” (emphasis added). It is the examiner’s position that none of the above rejections relied upon Official Notice, however, to the extent that the applicant believes that they did, the applicant has forfeited their opportunity to traverse such findings by failing to properly traverse the Official Notice in the response immediately following such findings.
No further arguments are made after this paragraph.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARA E RAKOWSKI whose telephone number is (571)272-4206. The examiner can normally be reached 9AM-4PM ET M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky L Mack can be reached on 571-272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CARA E RAKOWSKI/Primary Examiner, Art Unit 2872
1 See Merriam-Webster “synonyms of perpendicular” “perpendicular adjective… Definition of perpendicular>
as in vertical… How does the adjective perpendicular differ from other similar words?
The words plumb and vertical are common synonyms of perpendicular. While all
three words mean "being at right angles to a base line,"… While the synonyms vertical and perpendicular are close in meaning, vertical suggests a line or direction rising straight upward toward a zenith” (emphasis added). Thus, although vertical typically suggests being at a right angle with respect to a horizontal plane, it can also be used in the sense of being at a right angle to another line.
2 See MPEP § 2131.02(III). A reference disclosure can anticipate a claim when the reference describes the limitations but "'d[oes] not expressly spell out' the limitations as arranged or combined as in the claim, if a person of skill in the art, reading the reference, would ‘at once envisage’ the claimed arrangement or combination." Kennametal, Inc. v. Ingersoll Cutting Tool Co., 780 F.3d 1376, 1381, 114 USPQ2d 1250, 1254 (Fed. Cir. 2015) (quoting In re Petering, 301 F.2d 676, 681(CCPA 1962)).
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