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 Arguments
Applicant's arguments filed 03/24/2026 have been fully considered but they are not persuasive. With regards to claim 1 Applicant argues that the cited reference McKee does not teach or disclose the claim language “identifying at least one area of interest on the subject related to nonconscious detection by the user… the at least one area of interest…differentiated from the one or more areas of interest related to the conscious detection via the input entered by the user, deliberately”. Applicant specifically argues that in McKee the user selection of the image does not enable identification of “at least one area of interest on a subject… that is related to nonconscious detection”. Examiner respectfully disagrees as paragraph 0021 of McKee discloses “In one embodiment, the user has eight images which are displayed on display 14. The set of images 18 can be numbered one through eight for identification purposes. The test subject can then be asked a question such as "Which of these do you find most sexually attractive?", and can use the mouse or other input device to indicate which of the images is selected. During the time in which the user is viewing the set of images, sensor 16 is determining fixation and saccade of the test subject for each of the images. This information is transmitted to computer 10 and stored in computer readable medium 12.” Therefore while the user is viewing and selecting the images (conscious detection) the sensor is determining saccades (unconscious detection) of the user for each image selected, thus the conscious and unconscious detections being differentiated by the user input. The rejections are sustained.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 8, 9, 14, and 22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McKee (pub # 20090012419).
Consider claim 1. McKee teaches A computer-implemented method (Fig. 1 and paragraph 0020, a computer 10 having a computer readable medium 12 contains computer readable instructions). comprising:
displaying a subject on a display device for observation by a user; (Fig. 1 and paragraph 0021, the user has eight images which are displayed on display 14. The set of images 18 can be numbered one through eight for identification purposes).
generating eye movement data based on characteristics of at least one eye of the user; (paragraph 0020, a sensor 16 is able to determine an individual's pupil in order to determine the direction of the individual's gaze. Therefore, an eye tracking sensor or sensor 16 will allow computer readable instructions to determine which area of the display the user is gazing. Further, sensor 16 will also be able to determine fixation and saccade. Fixation is the amount of time that an individual gazes at a specific location. Saccade is the amount of time that transpires when a user looks from one location to another on the display. Paragraph 0025, Sensor 16 then determines gaze of the user and saccade of the user and will transmit this information at computer 10, thus generating eye movement data).
registering an input entered by the user, deliberately, (paragraph 0021, The test subject can then be asked a question such as "Which of these do you find most sexually attractive?", and can use the mouse or other input device to indicate which of the images is selected).
the input identifying one or more areas of interest on the subject related to conscious detection by the user; (paragraph 0021, The test subject can then be asked a question such as "Which of these do you find most sexually attractive?", and can use the mouse or other input device to indicate which of the images is selected, thus since the user deliberately selects the images then the selection is based on a conscious detection by the user).
identifying at least one area of interest on the subject related to nonconscious detection by the user, (paragraph 0021, During the time in which the user is viewing the set of images, sensor 16 is determining fixation and saccade of the test subject for each of the images. Paragraphs 0022, Saccades are quick, simultaneous movements of both eyes in the same direction. Paragraph 0031, Further advantages provided by this invention are that measurements are done in near real-time and therefore can calculate unconscious, reflexive eye movements beyond a test subject's awareness. Thus the saccades are unconscious eye movements made by the user).
the identifying based on the eye movement data generated, (paragraph 0025, Sensor 16 then determines gaze of the user and saccade of the user and will transmit this information at computer 10).
the at least one area of interest being different from the one or more areas of interest related to the conscious detection and differentiated from the one or more areas of interest related to the conscious detection via the input entered by the user, deliberately, and registered, (Fig. 2 and paragraph 0028, It can be shown the test subject initially gazes upon image 7 having an initial point 26. The amount of time the individual gazes at image 7 is recorded in the computer readable medium. The test subject then moves the gaze to point 28 which allows the invention to measure both the amount of time it took for the test subject to move to point 28 as well as how long the test subject gazed at point 28. The test subject then moves to point 30, 32, 34, 36, and 38, respectively, with the amount of time measured when the gaze shifts as well as the fixation on the particular images. As can be seen, this test subject had a fixed gaze, mostly at image 2. If image 2 represents an adult female and the test subject is male, the results would be typical for a heterosexual male's sexual attention. However, if image 2 was a preschool male, it would indicate there may be an atypical sexual attention propensity to boys in this test subject. Test results shown as 40 show that the saccade of the test subject follows a greater path, but again shows that the test subject gazed upon image 6 more than the remainder of the images. Further, it can be shown that the saccade of the test subject caused a viewing path to travel through image 3, but the test subject did not fix his gaze on image 3 for any appreciable period of time. Based upon the fixation durations, number of fixations and saccade durations measured by the invention and relationship of these measures with the particular type of image displayed, an indication can be given toward the sexual attention of the test subject, thus the image the subject initially looks at (conscious detection) are different than the images that the subject’s eyes saccade through (unconscious detection)).
the nonconscious detection representing detection by the user of which the user is not consciously aware; (Paragraphs 0022, Saccades are quick, simultaneous movements of both eyes in the same direction. Paragraph 0031, Further advantages provided by this invention are that measurements are done in near real-time and therefore can calculate unconscious, reflexive eye movements beyond a test subject's awareness. Thus the saccades are unconscious eye movements made by the user).
and communicating the at least one area of interest identified. (paragraph 0021, During the time in which the user is viewing the set of images, sensor 16 is determining fixation and saccade of the test subject for each of the images. This information is transmitted to computer 10 and stored in computer readable medium 12).
Consider claim 14. McKee teaches A system comprising:
a display device configured to display a subject for observation by a user; (Fig. 1 and paragraph 0020, A display 14 is in communication with computer 10 for displaying images to a user).
an eye tracking apparatus configured to record characteristics of at least one eye of the user observing the subject; (Fig. 1 and paragraph 0020, a sensor 16 is able to determine an individual's pupil in order to determine the direction of the individual's gaze. Therefore, an eye tracking sensor or sensor 16 will allow computer readable instructions to determine which area of the display the user is gazing.
and a processor component (Fig. 1 and paragraph 0020, a computer 10 having a computer readable medium 12 contains computer readable instructions).
instructed to:
generate eye movement data based on the characteristics of the at least one eye of the user; (paragraph 0020, a sensor 16 is able to determine an individual's pupil in order to determine the direction of the individual's gaze. Therefore, an eye tracking sensor or sensor 16 will allow computer readable instructions to determine which area of the display the user is gazing. Further, sensor 16 will also be able to determine fixation and saccade. Fixation is the amount of time that an individual gazes at a specific location. Saccade is the amount of time that transpires when a user looks from one location to another on the display. Paragraph 0025, Sensor 16 then determines gaze of the user and saccade of the user and will transmit this information at computer 10, thus generating eye movement data).
register an input entered by the user, deliberately, (paragraph 0021, The test subject can then be asked a question such as "Which of these do you find most sexually attractive?", and can use the mouse or other input device to indicate which of the images is selected).
the input identifying one or more areas of interest on the subject related to conscious detection by the user; (paragraph 0021, The test subject can then be asked a question such as "Which of these do you find most sexually attractive?", and can use the mouse or other input device to indicate which of the images is selected, thus since the user deliberately selects the images then the selection is based on a conscious detection by the user).
identify at least one area of interest on the subject related to nonconscious detection by the user, (paragraph 0021, During the time in which the user is viewing the set of images, sensor 16 is determining fixation and saccade of the test subject for each of the images. Paragraphs 0022, Saccades are quick, simultaneous movements of both eyes in the same direction. Paragraph 0031, Further advantages provided by this invention are that measurements are done in near real-time and therefore can calculate unconscious, reflexive eye movements beyond a test subject's awareness. Thus the saccades are unconscious eye movements made by the user).
the identifying based on the eye movement data generated, (paragraph 0025, Sensor 16 then determines gaze of the user and saccade of the user and will transmit this information at computer 10).
the at least one area of interest being different from the one or more areas of interest related to the conscious detection and differentiated from the one or more areas of interest related to the conscious detection via the input entered by the user, deliberately, and registered, (Fig. 2 and paragraph 0028, It can be shown the test subject initially gazes upon image 7 having an initial point 26. The amount of time the individual gazes at image 7 is recorded in the computer readable medium. The test subject then moves the gaze to point 28 which allows the invention to measure both the amount of time it took for the test subject to move to point 28 as well as how long the test subject gazed at point 28. The test subject then moves to point 30, 32, 34, 36, and 38, respectively, with the amount of time measured when the gaze shifts as well as the fixation on the particular images. As can be seen, this test subject had a fixed gaze, mostly at image 2. If image 2 represents an adult female and the test subject is male, the results would be typical for a heterosexual male's sexual attention. However, if image 2 was a preschool male, it would indicate there may be an atypical sexual attention propensity to boys in this test subject. Test results shown as 40 show that the saccade of the test subject follows a greater path, but again shows that the test subject gazed upon image 6 more than the remainder of the images. Further, it can be shown that the saccade of the test subject caused a viewing path to travel through image 3, but the test subject did not fix his gaze on image 3 for any appreciable period of time. Based upon the fixation durations, number of fixations and saccade durations measured by the invention and relationship of these measures with the particular type of image displayed, an indication can be given toward the sexual attention of the test subject, thus the image the subject initially looks at (conscious detection) are different than the images that the subject’s eyes saccade through (unconscious detection)).
the nonconscious detection representing detection by the user of which the user is not consciously aware; (Paragraphs 0022, Saccades are quick, simultaneous movements of both eyes in the same direction. Paragraph 0031, Further advantages provided by this invention are that measurements are done in near real-time and therefore can calculate unconscious, reflexive eye movements beyond a test subject's awareness. Thus the saccades are unconscious eye movements made by the user).
and communicate the at least one area identified. (paragraph 0021, During the time in which the user is viewing the set of images, sensor 16 is determining fixation and saccade of the test subject for each of the images. This information is transmitted to computer 10 and stored in computer readable medium 12).
Consider claim 8. McKee further teaches The computer-implemented method of Claim 1, further comprising:
learning at least one pattern based on the eye movement data generated; (paragraph 0028, Test results shown as 40 show that the saccade of the test subject follows a greater path, but again shows that the test subject gazed upon image 6 more than the remainder of the images, thus a pattern).
finding at least one deviation between the at least one pattern learned and at least one other pattern learned, (paragraph 0028, Further, it can be shown that the saccade of the test subject caused a viewing path to travel through image 3, but the test subject did not fix his gaze on image 3 for any appreciable period of time).
the at least one other pattern learned based on other eye movement data; (paragraph 0028, Further, it can be shown that the saccade of the test subject caused a viewing path to travel through image 3, but the test subject did not fix his gaze on image 3 for any appreciable period of time, thus other eye movement data).
and communicating, via the display device, the at least one deviation found. (paragraph 0021, During the time in which the user is viewing the set of images, sensor 16 is determining fixation and saccade of the test subject for each of the images. This information is transmitted to computer 10 and stored in computer readable medium 12).
Consider claim 9. McKee further teaches The computer-implemented method of Claim 8, wherein the at least one area of interest includes an abnormality (Fig. 2 and paragraph 0026, a set of images is shown generally as 22. Each set also contains four age groups which can be described as adult, teenage, prepubertal, and preschool).
and wherein the at least one deviation represents a difference associated with detection of the abnormality by the user and at least one other user. (paragraph 0037, for a normal male, over sixty percent of the gaze was spent on adult females from results taken from this invention. However, for sexually violent predators (SVP), almost forty percent of the gaze percentage was spent on prepubertal females).
Consider claim 21. McKee further teaches The system of Claim 14, wherein the processor component is further instructed to:
learn at least one pattern based on the eye movement data generated; (paragraph 0028, Test results shown as 40 show that the saccade of the test subject follows a greater path, but again shows that the test subject gazed upon image 6 more than the remainder of the images, thus a pattern).
find at least one deviation between the at least one pattern learned and at least one other pattern learned, (paragraph 0028, Further, it can be shown that the saccade of the test subject caused a viewing path to travel through image 3, but the test subject did not fix his gaze on image 3 for any appreciable period of time).
the at least one other pattern learned based on other eye movement data; (paragraph 0028, Further, it can be shown that the saccade of the test subject caused a viewing path to travel through image 3, but the test subject did not fix his gaze on image 3 for any appreciable period of time, thus other eye movement data).
and communicate, via the display device, the at least one deviation found. (paragraph 0021, During the time in which the user is viewing the set of images, sensor 16 is determining fixation and saccade of the test subject for each of the images. This information is transmitted to computer 10 and stored in computer readable medium 12).
Consider claim 22. McKee further teaches The system of Claim 21, wherein the at least one area of interest includes an abnormality (Fig. 2 and paragraph 0026, a set of images is shown generally as 22. Each set also contains four age groups which can be described as adult, teenage, prepubertal, and preschool).
and wherein the at least one deviation represents a difference associated with detection of the abnormality by the user and at least one other user. (paragraph 0037, for a normal male, over sixty percent of the gaze was spent on adult females from results taken from this invention. However, for sexually violent predators (SVP), almost forty percent of the gaze percentage was spent on prepubertal females).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 2-5, 10, 11, 13, 15-18, 23, 24, and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over McKee (pub # 20090012419) in view of Kim et al (pub # 20140313124).
Consider claim 2. Mckee further teaches The computer-implemented method of Claim 1, and wherein the eye movement data generated includes: a number of times the user looks at a particular area on the subject ("fixation number"), a time duration the user looks at the particular area on the subject ("fixation duration value"), a number of times the user returns to look at the particular area on the subject ("fixation repeats"), a pupil dilation/constriction associated with the user looking at the particular area on the subject ("pupil size"), a path of eye movements with respect to the grid coordinate map, or a combination thereof. (paragraph 0027, the test subject's fixation duration, number of fixations to each image and saccades between each image can be measured, thus a combination of fixation number and fixation duration).
McKee does not specifically disclose further comprising overlaying a grid coordinate map over the subject. However Kim et al in at least Fig. 6 and paragraph 0029 discloses a grid generator configured to generate a second virtual grid over an image in the display 160. Paragraph 0030 discloses “The gaze point mapping processor 140 maps a position of the pupil with one-to-one within a second virtual grid area corresponding to a position of the pupil within the first virtual grid”, thus a grid coordinate map. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the grid coordinate map of Kim et al with the system and method of McKee so that an error is prevented from amplifying and a calculation cost of a gaze position can be saved (Kim et al paragraph 0067).
Consider claim 3. Mckee further teaches The computer-implemented method of Claim 1, wherein the eye movement data generated includes a number of times the user looks at a particular area on the subject ("fixation number") (paragraph 0024, the number of fixations to a specific image can be included in the calculation).
and wherein the generating includes:
collecting a total number of points of gaze at each coordinate on the grid coordinate map to determine the fixation number; (paragraph 0024, If the test subject returns his gaze to a particular image 10 times, then the number of fixations score would be 10).
determining whether the fixation number exceeds a threshold number; (paragraph 0036, There are also a number of clinical scales which can measure the subject's eye movement and can include fixation duration (FxD) or number of fixations (NFx) to each of the various model types and images viewed. This will allow the evaluator or clinician to quickly interpret the text subject's sexual interest and can be used to formulate categories of sexual interest in children as being very high, high, within normal limits, low, or very low, thus determining if the number of fixations is above normal limits, therefore exceeding a threshold number).
and identifying the at least one area of interest in an event the fixation number determined exceeds the threshold number. (paragraph 0037, Referring to FIG. 5, an example of cumulation of results is shown. As can be shown, for a normal male, over sixty percent of the gaze was spent on adult females from results taken from this invention. However, for sexually violent predators (SVP), almost forty percent of the gaze percentage was spent on prepubertal females).
McKee does not specifically disclose further comprising overlaying a grid coordinate map over the subject. However Kim et al in at least Fig. 6 and paragraph 0029 discloses a grid generator configured to generate a second virtual grid over an image in the display 160. Paragraph 0030 discloses “The gaze point mapping processor 140 maps a position of the pupil with one-to-one within a second virtual grid area corresponding to a position of the pupil within the first virtual grid”, thus a grid coordinate map. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the grid coordinate map of Kim et al with the system and method of McKee so that an error is prevented from amplifying and a calculation cost of a gaze position can be saved (Kim et al paragraph 0067).
Consider claim 4. McKee further teaches The computer-implemented method of Claim 1, wherein the eye movement data generated includes a time duration the user looks at a particular area on the subject ("fixation duration value") (paragraph 0027, the test subject's fixation duration, number of fixations to each image and saccades between each image can be measured).
and wherein the generating includes:
measuring a duration of time of each point of gaze at each coordinate on the grid coordinate map to determine the fixation duration value; (paragraph 0028, It can be shown the test subject initially gazes upon image 7 having an initial point 26. The amount of time the individual gazes at image 7 is recorded in the computer readable medium).
determining whether the fixation duration value exceeds a threshold value; (Paragraph 0010, The invention can include a set of base line gaze scores embodied in the computer readable medium and derived from normalized group testing; and, the set of computer readable instructions include instructions for comparing the determined gaze scores with the set of baseline gaze scores so that a comparison of the test subject's gaze scores can be compared with normalized group test results. Paragraph 0036, There are also a number of clinical scales which can measure the subject's eye movement and can include fixation duration (FxD) or number of fixations (NFx) to each of the various model types and images viewed. This will allow the evaluator or clinician to quickly interpret the text subject's sexual interest and can be used to formulate categories of sexual interest in children as being very high, high, within normal limits, low, or very low, thus determining if the fixation duration is above normal limits, therefore exceeding a threshold value).
and identifying the at least one area of interest in an event the fixation duration value exceeds the threshold value. (paragraph 0037, Referring to FIG. 5, an example of cumulation of results is shown. As can be shown, for a normal male, over sixty percent of the gaze was spent on adult females from results taken from this invention. However, for sexually violent predators (SVP), almost forty percent of the gaze percentage was spent on prepubertal females).
McKee does not specifically disclose further comprising overlaying a grid coordinate map over the subject. However Kim et al in at least Fig. 6 and paragraph 0029 discloses a grid generator configured to generate a second virtual grid over an image in the display 160. Paragraph 0030 discloses “The gaze point mapping processor 140 maps a position of the pupil with one-to-one within a second virtual grid area corresponding to a position of the pupil within the first virtual grid”, thus a grid coordinate map. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the grid coordinate map of Kim et al with the system and method of McKee so that an error is prevented from amplifying and a calculation cost of a gaze position can be saved (Kim et al paragraph 0067).
Consider claim 5. McKee further teaches The computer-implemented method of Claim 1, further comprising, wherein the eye movement data generated includes a number of times the user returns to look at a particular area on the subject ("fixation repeat number") (paragraph 0024, the number of fixations to a specific image can be included in the calculation. If the test subject returns his gaze to a particular image 10 times, then the number of fixations score would be 10 and this value can be used in combination with the gaze percentage score to provide more reliable data about the test subjects gaze returning to a particular image).
and wherein the generating includes:
registering a point of gaze at a coordinate on the grid coordinate map; (paragraph 0028, It can be shown the test subject initially gazes upon image 7 having an initial point 26. The amount of time the individual gazes at image 7 is recorded in the computer readable medium, thus registering a point of gaze).
registering an absence of the point of gaze at the coordinate on the grid coordinate map; (paragraph 0028, It can be shown the test subject initially gazes upon image 7 having an initial point 26. The amount of time the individual gazes at image 7 is recorded in the computer readable medium. The test subject then moves the gaze to point 28 which allows the invention to measure both the amount of time it took for the test subject to move to point 28 as well as how long the test subject gazed at point 28, thus the user’s gaze moves from point 26 to point 28 and the user’s gaze on point 26 is then absent).
registering again the point of gaze at the coordinate on the grid coordinate map to provide a fixation repeat count; (paragraph 0024, the number of fixations to a specific image can be included in the calculation. If the test subject returns his gaze to a particular image 10 times, then the number of fixations score would be 10 and this value can be used in combination with the gaze percentage score to provide more reliable data about the test subjects gaze returning to a particular image).
determining the fixation repeat number based on the fixation repeat count; (paragraph 0024, the number of fixations to a specific image can be included in the calculation. If the test subject returns his gaze to a particular image 10 times, then the number of fixations score would be 10 and this value can be used in combination with the gaze percentage score to provide more reliable data about the test subjects gaze returning to a particular image).
determining whether the fixation repeat number exceeds a threshold number; (paragraph 0024, the number of fixations to a specific image can be included in the calculation. If the test subject returns his gaze to a particular image 10 times, then the number of fixations score would be 10 and this value can be used in combination with the gaze percentage score. Paragraph 0010, The invention can include a set of base line gaze scores embodied in the computer readable medium and derived from normalized group testing; and, the set of computer readable instructions include instructions for comparing the determined gaze scores with the set of baseline gaze scores so that a comparison of the test subject's gaze scores can be compared with normalized group test results. Paragraph 0036, There are also a number of clinical scales which can measure the subject's eye movement and can include fixation duration (FxD) or number of fixations (NFx) to each of the various model types and images viewed. This will allow the evaluator or clinician to quickly interpret the text subject's sexual interest and can be used to formulate categories of sexual interest in children as being very high, high, within normal limits, low, or very low, thus determining if the number of fixations is above normal limits, therefore exceeding a threshold number).
and identifying the at least one area of interest in an event the fixation repeat number exceeds the threshold number. (paragraph 0037, Referring to FIG. 5, an example of cumulation of results is shown. As can be shown, for a normal male, over sixty percent of the gaze was spent on adult females from results taken from this invention. However, for sexually violent predators (SVP), almost forty percent of the gaze percentage was spent on prepubertal females).
McKee does not specifically disclose overlaying a grid coordinate map over the subject. However Kim et al in at least Fig. 6 and paragraph 0029 discloses a grid generator configured to generate a second virtual grid over an image in the display 160. Paragraph 0030 discloses “The gaze point mapping processor 140 maps a position of the pupil with one-to-one within a second virtual grid area corresponding to a position of the pupil within the first virtual grid”, thus a grid coordinate map. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the grid coordinate map of Kim et al with the system and method of McKee so that an error is prevented from amplifying and a calculation cost of a gaze position can be saved (Kim et al paragraph 0067).
Consider claim 10. McKee does not specifically disclose The computer-implemented method of Claim 1, further comprising: overlaying a grid coordinate map over the subject; determining a configuration of the grid coordinate map based on at least a subset of features of the subject displayed on the display device, and wherein determining the configuration includes: determining a spacing between two parallel vertical bars or between two parallel horizontal bars of the grid coordinate map based on the at least a subset of features.
However Kim et al teaches overlaying a grid coordinate map over the subject; (Fig. 6 and paragraph 0029, a grid generator configured to generate a second virtual grid over an image in the display 160. Paragraph 0030 discloses “The gaze point mapping processor 140 maps a position of the pupil with one-to-one within a second virtual grid area corresponding to a position of the pupil within the first virtual grid”, thus a grid coordinate map).
determining a configuration of the grid coordinate map based on at least a subset of features of the subject displayed on the display device, (paragraph 0041, the grid generator 120 generates a first virtual grid of the eye area using a pickup image of a gaze point of the pupil corresponding to each corner (4 corners) of the display 160, and generates a second virtual grid having the same division areas as those of the first virtual grid in the display 160).
and wherein determining the configuration includes:
determining a spacing between two parallel vertical bars or between two parallel horizontal bars of the grid coordinate map based on the at least a subset of features. (paragraph 0049, the grid generator 120 may determine a width size x and a height size y of the first virtual grid from a difference value of a gaze position of two lateral corners of four corners and a difference value of a gaze position of two vertical corners of four corners).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the grid coordinate map of Kim et al with the system and method of McKee so that an error is prevented from amplifying and a calculation cost of a gaze position can be saved (Kim et al paragraph 0067).
Consider claim 11. McKee further teaches The computer-implemented method of Claim 1, wherein a configuration of the grid coordinate map is determined based on at least a subset of features of the subject displayed on the display device, (paragraph 0026 and Fig. 2, a set of images is shown generally as 22. In one embodiment, sixteen sets are used. Four different models of each gender (male and female) are used in a set. Further, the attire is held consistent across a display set and ranges from fully clothed to wearing swimsuits or undergarments. Each set also contains four age groups which can be described as adult, teenage, prepubertal, and preschool. Generally, prepubertal is the age range between eight to thirteen, while preschool is under eight years old. Each set can also be of a different ethnic origin and the ethnic origins can be held constant across a particular display set. Ethnic origins can include Caucasian, African-American, Hispanic, or other ethnic origins. Therefore, each set would contain four males and four females, two adults, two teenagers, two prepubertal and two preschool individuals and have ethnicity and attire consistent. In one embodiment, two ethnicities are used and two attires are used which result in sixteen sets of eight or 128 images).
and wherein the subset of features includes a level of illustration detail of the subject or a range of colors of the subject. (paragraph 0026 and Fig. 2, a set of images is shown generally as 22. In one embodiment, sixteen sets are used. Four different models of each gender (male and female) are used in a set. Further, the attire is held consistent across a display set and ranges from fully clothed to wearing swimsuits or undergarments. Each set also contains four age groups which can be described as adult, teenage, prepubertal, and preschool. Generally, prepubertal is the age range between eight to thirteen, while preschool is under eight years old. Each set can also be of a different ethnic origin and the ethnic origins can be held constant across a particular display set. Ethnic origins can include Caucasian, African-American, Hispanic, or other ethnic origins. Therefore, each set would contain four males and four females, two adults, two teenagers, two prepubertal and two preschool individuals and have ethnicity and attire consistent. In one embodiment, two ethnicities are used and two attires are used which result in sixteen sets of eight or 128 images).
McKee does not specifically disclose further comprising overlaying a grid coordinate map over the subject. However Kim et al in at least Fig. 6 and paragraph 0029 discloses a grid generator configured to generate a second virtual grid over an image in the display 160. Paragraph 0030 discloses “The gaze point mapping processor 140 maps a position of the pupil with one-to-one within a second virtual grid area corresponding to a position of the pupil within the first virtual grid”, thus a grid coordinate map. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the grid coordinate map of Kim et al with the system and method of McKee so that an error is prevented from amplifying and a calculation cost of a gaze position can be saved (Kim et al paragraph 0067).
Consider claim 13. McKee does not specifically disclose The computer-implemented method of Claim 1, further comprising overlaying a grid coordinate map over the subject, wherein a configuration of the grid coordinate map is determined based on at least a subset of features of the subject displayed on the display device, and wherein the grid coordinate map is not visible on the display device.
However Kim et al in the same field of endeavor teaches overlaying a grid coordinate map over the subject, (Fig. 6 and paragraph 0029 discloses a grid generator configured to generate a second virtual grid over an image in the display 160. Paragraph 0030 discloses “The gaze point mapping processor 140 maps a position of the pupil with one-to-one within a second virtual grid area corresponding to a position of the pupil within the first virtual grid).
wherein a configuration of the grid coordinate map is determined based on at least a subset of features of the subject displayed on the display device, (Paragraph 0030, The gaze point mapping processor 140 maps a position of the pupil with one-to-one within a second virtual grid area corresponding to a position of the pupil within the first virtual grid).
and wherein the grid coordinate map is not visible on the display device (Fig. 4, second virtual grid is not visible on the display device 160).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the grid coordinate map of Kim et al with the system and method of McKee so that an error is prevented from amplifying and a calculation cost of a gaze position can be saved (Kim et al paragraph 0067).
Consider claim 15. McKee further teaches The system of Claim 14, and wherein the eye movement data generated includes: a number of times the user looks at a particular area on the subject ("fixation number"), a time duration the user looks at the particular area on the subject ("fixation duration value"), a number of times the user returns to look at the particular area on the subject ("fixation repeats"), a pupil dilation/constriction associated with the user looking at the particular area on the subject ("pupil size"), a path of eye movements with respect to the grid coordinate map, or a combination thereof. (paragraph 0027, the test subject's fixation duration, number of fixations to each image and saccades between each image can be measured, thus a combination of fixation number and fixation duration).
McKee does not specifically disclose wherein the processor component is further instructed to overlay a grid coordinate map over the subject. However Kim et al in at least Fig. 6 and paragraph 0029 discloses a grid generator configured to generate a second virtual grid over an image in the display 160. Paragraph 0030 discloses “The gaze point mapping processor 140 maps a position of the pupil with one-to-one within a second virtual grid area corresponding to a position of the pupil within the first virtual grid”, thus a grid coordinate map. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the grid coordinate map of Kim et al with the system and method of McKee so that an error is prevented from amplifying and a calculation cost of a gaze position can be saved (Kim et al paragraph 0067).
Consider claim 16. McKee further teaches The system of Claim 14, wherein the eye movement data generated includes a number of times the user looks at a particular area on the subject ("fixation number") (paragraph 0024, the number of fixations to a specific image can be included in the calculation).
and wherein the processor component is further instructed to:
collect a total number of points of gaze at each coordinate on the grid coordinate map to provide the fixation number; (paragraph 0024, If the test subject returns his gaze to a particular image 10 times, then the number of fixations score would be 10).
determine whether the fixation number exceeds a threshold number; (paragraphs 0036, There are also a number of clinical scales which can measure the subject's eye movement and can include fixation duration (FxD) or number of fixations (NFx) to each of the various model types and images viewed. This will allow the evaluator or clinician to quickly interpret the text subject's sexual interest and can be used to formulate categories of sexual interest in children as being very high, high, within normal limits, low, or very low, thus determining if the number of fixations is above normal limits, therefore exceeding a threshold number).
and identify the at least one area of interest in an event the fixation number determined exceeds the threshold number. (paragraph 0037, Referring to FIG. 5, an example of cumulation of results is shown. As can be shown, for a normal male, over sixty percent of the gaze was spent on adult females from results taken from this invention. However, for sexually violent predators (SVP), almost forty percent of the gaze percentage was spent on prepubertal females).
McKee does not specifically disclose overlay a grid coordinate map over the subject. However Kim et al in at least Fig. 6 and paragraph 0029 discloses a grid generator configured to generate a second virtual grid over an image in the display 160. Paragraph 0030 discloses “The gaze point mapping processor 140 maps a position of the pupil with one-to-one within a second virtual grid area corresponding to a position of the pupil within the first virtual grid”, thus a grid coordinate map. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the grid coordinate map of Kim et al with the system and method of McKee so that an error is prevented from amplifying and a calculation cost of a gaze position can be saved (Kim et al paragraph 0067).
Consider claim 17. McKee further teaches The system of Claim 14, wherein the eye movement data generated includes a time duration the user looks at a particular area on the subject ("fixation duration value") (paragraph 0027, the test subject's fixation duration, number of fixations to each image and saccades between each image can be measured).
and wherein the processor component is further instructed to:
measure a duration of time of each point of gaze at each coordinate on the grid coordinate map to provide the fixation duration value; (paragraph 0028, It can be shown the test subject initially gazes upon image 7 having an initial point 26. The amount of time the individual gazes at image 7 is recorded in the computer readable medium).
determine whether the fixation duration value exceeds a threshold value; (paragraph 0036, There are also a number of clinical scales which can measure the subject's eye movement and can include fixation duration (FxD) or number of fixations (NFx) to each of the various model types and images viewed. This will allow the evaluator or clinician to quickly interpret the text subject's sexual interest and can be used to formulate categories of sexual interest in children as being very high, high, within normal limits, low, or very low, thus determining if the fixation duration is above normal limits, therefore exceeding a threshold value).
and identify the at least one area of interest in an event the fixation duration value exceeds the threshold value. (paragraph 0037, Referring to FIG. 5, an example of cumulation of results is shown. As can be shown, for a normal male, over sixty percent of the gaze was spent on adult females from results taken from this invention. However, for sexually violent predators (SVP), almost forty percent of the gaze percentage was spent on prepubertal females).
McKee does not specifically disclose overlay a grid coordinate map over the subject. However Kim et al in at least Fig. 6 and paragraph 0029 discloses a grid generator configured to generate a second virtual grid over an image in the display 160. Paragraph 0030 discloses “The gaze point mapping processor 140 maps a position of the pupil with one-to-one within a second virtual grid area corresponding to a position of the pupil within the first virtual grid”, thus a grid coordinate map. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the grid coordinate map of Kim et al with the system and method of McKee so that an error is prevented from amplifying and a calculation cost of a gaze position can be saved (Kim et al paragraph 0067).
Consider claim 18. McKee further teaches The system of Claim 14, wherein the eye movement data generated includes a number of times the user returns to look at a particular area on the subject ("fixation repeat number") (paragraph 0024, the number of fixations to a specific image can be included in the calculation. If the test subject returns his gaze to a particular image 10 times, then the number of fixations score would be 10 and this value can be used in combination with the gaze percentage score to provide more reliable data about the test subjects gaze returning to a particular image).
and wherein the processor component is further instructed to:
register a point of gaze at a coordinate on the grid coordinate map; (paragraph 0028, It can be shown the test subject initially gazes upon image 7 having an initial point 26. The amount of time the individual gazes at image 7 is recorded in the computer readable medium, thus registering a point of gaze).
register an absence of the point of gaze at the coordinate on the grid coordinate map; (paragraph 0028, It can be shown the test subject initially gazes upon image 7 having an initial point 26. The amount of time the individual gazes at image 7 is recorded in the computer readable medium. The test subject then moves the gaze to point 28 which allows the invention to measure both the amount of time it took for the test subject to move to point 28 as well as how long the test subject gazed at point 28, thus the user’s gaze moves from point 26 to point 28 and the user’s gaze on point 26 is then absent).
register again the point of gaze at the coordinate on the grid coordinate map to provide a fixation repeat count; (paragraph 0024, the number of fixations to a specific image can be included in the calculation. If the test subject returns his gaze to a particular image 10 times, then the number of fixations score would be 10 and this value can be used in combination with the gaze percentage score to provide more reliable data about the test subjects gaze returning to a particular image).
determine the fixation repeat number based on the fixation repeat count; (paragraph 0024, the number of fixations to a specific image can be included in the calculation. If the test subject returns his gaze to a particular image 10 times, then the number of fixations score would be 10 and this value can be used in combination with the gaze percentage score to provide more reliable data about the test subjects gaze returning to a particular image).
determine whether the fixation repeat number exceeds a threshold number; (paragraph 0024, the number of fixations to a specific image can be included in the calculation. If the test subject returns his gaze to a particular image 10 times, then the number of fixations score would be 10 and this value can be used in combination with the gaze percentage score. Paragraph 0010, The invention can include a set of base line gaze scores embodied in the computer readable medium and derived from normalized group testing; and, the set of computer readable instructions include instructions for comparing the determined gaze scores with the set of baseline gaze scores so that a comparison of the test subject's gaze scores can be compared with normalized group test results. Paragraph 0036, There are also a number of clinical scales which can measure the subject's eye movement and can include fixation duration (FxD) or number of fixations (NFx) to each of the various model types and images viewed. This will allow the evaluator or clinician to quickly interpret the text subject's sexual interest and can be used to formulate categories of sexual interest in children as being very high, high, within normal limits, low, or very low, thus determining if the number of fixations is above normal limits, therefore exceeding a threshold number).
and identify the at least one area of interest in an event the fixation repeat number exceeds the threshold number. (paragraph 0037, Referring to FIG. 5, an example of cumulation of results is shown. As can be shown, for a normal male, over sixty percent of the gaze was spent on adult females from results taken from this invention. However, for sexually violent predators (SVP), almost forty percent of the gaze percentage was spent on prepubertal females).
McKee does not specifically disclose overlay a grid coordinate map over the subject. However Kim et al in at least Fig. 6 and paragraph 0029 discloses a grid generator configured to generate a second virtual grid over an image in the display 160. Paragraph 0030 discloses “The gaze point mapping processor 140 maps a position of the pupil with one-to-one within a second virtual grid area corresponding to a position of the pupil within the first virtual grid”, thus a grid coordinate map. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the grid coordinate map of Kim et al with the system and method of McKee so that an error is prevented from amplifying and a calculation cost of a gaze position can be saved (Kim et al paragraph 0067).
Consider claim 23. Mckee does not specifically disclose The system of Claim 14, wherein the processor component is further instructed to: overlay a grid coordinate map over the subject; and determine a configuration of the grid coordinate map based on at least a subset of features of the subject displayed on the display device, wherein determining the configuration includes determining a spacing between two parallel vertical bars or between two parallel horizontal bars of the grid coordinate map based on the at least a subset of features.
However Kim et al teaches overlay a grid coordinate map over the subject; (Fig. 6 and paragraph 0029, a grid generator configured to generate a second virtual grid over an image in the display 160. Paragraph 0030 discloses “The gaze point mapping processor 140 maps a position of the pupil with one-to-one within a second virtual grid area corresponding to a position of the pupil within the first virtual grid”, thus a grid coordinate map).
and determine a configuration of the grid coordinate map based on at least a subset of features of the subject displayed on the display device, (paragraph 0041, the grid generator 120 generates a first virtual grid of the eye area using a pickup image of a gaze point of the pupil corresponding to each corner (4 corners) of the display 160, and generates a second virtual grid having the same division areas as those of the first virtual grid in the display 160).
wherein determining the configuration includes determining a spacing between two parallel vertical bars or between two parallel horizontal bars of the grid coordinate map based on the at least a subset of features. (paragraph 0049, the grid generator 120 may determine a width size x and a height size y of the first virtual grid from a difference value of a gaze position of two lateral corners of four corners and a difference value of a gaze position of two vertical corners of four corners).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the grid coordinate map of Kim et al with the system and method of McKee so that an error is prevented from amplifying and a calculation cost of a gaze position can be saved (Kim et al paragraph 0067).
Consider claim 24. McKee further teaches The system of Claim 14, wherein the processor component is further instructed to: and determine a configuration of the grid coordinate map based on at least a subset of features of the subject displayed on the display device, (paragraph 0026 and Fig. 2, a set of images is shown generally as 22. In one embodiment, sixteen sets are used. Four different models of each gender (male and female) are used in a set. Further, the attire is held consistent across a display set and ranges from fully clothed to wearing swimsuits or undergarments. Each set also contains four age groups which can be described as adult, teenage, prepubertal, and preschool. Generally, prepubertal is the age range between eight to thirteen, while preschool is under eight years old. Each set can also be of a different ethnic origin and the ethnic origins can be held constant across a particular display set. Ethnic origins can include Caucasian, African-American, Hispanic, or other ethnic origins. Therefore, each set would contain four males and four females, two adults, two teenagers, two prepubertal and two preschool individuals and have ethnicity and attire consistent. In one embodiment, two ethnicities are used and two attires are used which result in sixteen sets of eight or 128 images).
and wherein the subset of features includes a level of illustration detail of the subject or a range of colors of the subject. (paragraph 0026 and Fig. 2, a set of images is shown generally as 22. In one embodiment, sixteen sets are used. Four different models of each gender (male and female) are used in a set. Further, the attire is held consistent across a display set and ranges from fully clothed to wearing swimsuits or undergarments. Each set also contains four age groups which can be described as adult, teenage, prepubertal, and preschool. Generally, prepubertal is the age range between eight to thirteen, while preschool is under eight years old. Each set can also be of a different ethnic origin and the ethnic origins can be held constant across a particular display set. Ethnic origins can include Caucasian, African-American, Hispanic, or other ethnic origins. Therefore, each set would contain four males and four females, two adults, two teenagers, two prepubertal and two preschool individuals and have ethnicity and attire consistent. In one embodiment, two ethnicities are used and two attires are used which result in sixteen sets of eight or 128 images).
McKee does not specifically disclose overlay a grid coordinate map over the subject. However Kim et al in at least Fig. 6 and paragraph 0029 discloses a grid generator configured to generate a second virtual grid over an image in the display 160. Paragraph 0030 discloses “The gaze point mapping processor 140 maps a position of the pupil with one-to-one within a second virtual grid area corresponding to a position of the pupil within the first virtual grid”, thus a grid coordinate map. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the grid coordinate map of Kim et al with the system and method of McKee so that an error is prevented from amplifying and a calculation cost of a gaze position can be saved (Kim et al paragraph 0067).
Consider claim 26. McKee does not specifically disclose The system of Claim 14, wherein the processor component is further instructed to: overlay a grid coordinate map over the subject; and determine a configuration of the grid coordinate map based on at least a subset of features of the subject displayed on the display device,
and wherein the grid coordinate map is not visible on the display device.
However Kim et al in the same field of endeavor teaches overlay a grid coordinate map over the subject; (Fig. 6 and paragraph 0029 discloses a grid generator configured to generate a second virtual grid over an image in the display 160. Paragraph 0030 discloses “The gaze point mapping processor 140 maps a position of the pupil with one-to-one within a second virtual grid area corresponding to a position of the pupil within the first virtual grid).
and determine a configuration of the grid coordinate map based on at least a subset of features of the subject displayed on the display device, (Paragraph 0030, The gaze point mapping processor 140 maps a position of the pupil with one-to-one within a second virtual grid area corresponding to a position of the pupil within the first virtual grid).
and wherein the grid coordinate map is not visible on the display device. (Fig. 4, second virtual grid is not visible on the display device 160).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the grid coordinate map of Kim et al with the system and method of McKee so that an error is prevented from amplifying and a calculation cost of a gaze position can be saved (Kim et al paragraph 0067).
Claim(s) 6 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over McKee (pub # 20090012419) in view of Kim et al (pub # 20140313124) and further in view of Hutchinson et al (U.S. Pat # 5204703).
Consider claim 6. McKee does not specifically disclose The computer-implemented method of Claim 1, further comprising overlaying a grid coordinate map over the subject. However Kim et al in at least Fig. 6 and paragraph 0029 discloses a grid generator configured to generate a second virtual grid over an image in the display 160. Paragraph 0030 discloses “The gaze point mapping processor 140 maps a position of the pupil with one-to-one within a second virtual grid area corresponding to a position of the pupil within the first virtual grid”, thus a grid coordinate map. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the grid coordinate map of Kim et al with the system and method of McKee so that an error is prevented from amplifying and a calculation cost of a gaze position can be saved (Kim et al paragraph 0067).
McKee in view of Kim et al does not specifically disclose wherein the generating includes: recording a first pupil diameter at a coordinate on the grid coordinate map at a first time; recording a second pupil diameter at the coordinate on the grid coordinate map at a second time; comparing the first pupil diameter recorded and the second pupil diameter recorded; determining a dilation in an event the first pupil diameter recorded is less than the second pupil diameter recorded and determining a constriction in an event the first pupil diameter recorded is greater than the second pupil diameter recorded; and identifying the at least one area of interest in an event the dilation is determined.
However Hutchinson et al teaches recording a first pupil diameter at a coordinate on the grid coordinate map at a first time; (Col. 6 lines 15-18, One of the primary variables of interest in measuring response is pupil diameter. It is for this reason that the gaze routines were adapted to produce not only lookpoint information, but pupil diameter as well. Col. 10 lines 24-29, Another method of data display, graphing, is useful for following trends in the data. The data are separated into x lookpoints, y lookpoints and pupil diameters. Each parameter is then graphed with respect to time. Pupil diameter changes and strong saccades are easily seen with this display method.).
recording a second pupil diameter at the coordinate on the grid coordinate map at a second time; (Col. 10 lines 24-29, Another method of data display, graphing, is useful for following trends in the data. The data are separated into x lookpoints, y lookpoints and pupil diameters. Each parameter is then graphed with respect to time. Pupil diameter changes and strong saccades are easily seen with this display method).
comparing the first pupil diameter recorded and the second pupil diameter recorded; (Appendix Col. 25-29, the data are separated into x look points, y look points and pupil diameters. Each parameter is then graphed with respect to time. Pupil diameter changes and strong saccades are easily seen with this display method).
determining a dilation in an event the first pupil diameter recorded is less than the second pupil diameter recorded and determining a constriction in an event the first pupil diameter recorded is greater than the second pupil diameter recorded; (Appendix Col. 17-20, During these different eye movements, the video monitor shows the relative positions and sizes of the bright eye and glint as shown below. Pupil diameter Dilation, Constriction).
and identifying the at least one area of interest in an event the dilation is determined. (Col. 7 lines 33-38, The data is processed to find average pupil diameter, and, when appropriate, broken down into lookpoints lying on the displayed images. In this way a subject's preference for a certain image or portion of the screen can easily be discovered).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Hutchinson et al with the method of McKee in view of Kim et al in order to provide a non-invasive method for eye tracking (Hutchinson et al Col. 2 lines 29-30).
Consider claim 19. McKee does not specifically disclose The system of Claim 14, wherein the processor component is further instructed to:
overlay a grid coordinate map over the subject. However Kim et al in at least Fig. 6 and paragraph 0029 discloses a grid generator configured to generate a second virtual grid over an image in the display 160. Paragraph 0030 discloses “The gaze point mapping processor 140 maps a position of the pupil with one-to-one within a second virtual grid area corresponding to a position of the pupil within the first virtual grid”, thus a grid coordinate map. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the grid coordinate map of Kim et al with the system and method of McKee so that an error is prevented from amplifying and a calculation cost of a gaze position can be saved (Kim et al paragraph 0067).
McKee in view of Kim et al does not specifically disclose record a first pupil diameter at a coordinate on the grid coordinate map at a first time; record a second pupil diameter at a coordinate on the grid coordinate map at a second time; compare the first pupil diameter recorded and the second pupil diameter recorded; determine a dilation in an event the first pupil diameter recorded is less than the second pupil diameter recorded; determine a constriction in an event the first pupil diameter recorded is greater than the second pupil diameter recorded; and identify the at least one area of interest in an event the dilation is determined.
However Hutchinson et al teaches record a first pupil diameter at a coordinate on the grid coordinate map at a first time; (Col. 6 lines 15-18, One of the primary variables of interest in measuring response is pupil diameter. It is for this reason that the gaze routines were adapted to produce not only lookpoint information, but pupil diameter as well. Col. 10 lines 24-29, Another method of data display, graphing, is useful for following trends in the data. The data are separated into x lookpoints, y lookpoints and pupil diameters. Each parameter is then graphed with respect to time. Pupil diameter changes and strong saccades are easily seen with this display method.).
record a second pupil diameter at a coordinate on the grid coordinate map at a second time; (Col. 10 lines 24-29, Another method of data display, graphing, is useful for following trends in the data. The data are separated into x lookpoints, y lookpoints and pupil diameters. Each parameter is then graphed with respect to time. Pupil diameter changes and strong saccades are easily seen with this display method).
compare the first pupil diameter recorded and the second pupil diameter recorded; (Appendix Col. 25-29, the data are separated into x look points, y look points and pupil diameters. Each parameter is then graphed with respect to time. Pupil diameter changes and strong saccades are easily seen with this display method).
determine a dilation in an event the first pupil diameter recorded is less than the second pupil diameter recorded; (Appendix Col. 17-20, During these different eye movements, the video monitor shows the relative positions and sizes of the bright eye and glint as shown below. Pupil diameter Dilation, Constriction).
determine a constriction in an event the first pupil diameter recorded is greater than the second pupil diameter recorded; (Appendix Col. 17-20, During these different eye movements, the video monitor shows the relative positions and sizes of the bright eye and glint as shown below. Pupil diameter Dilation, Constriction).
and identify the at least one area of interest in an event the dilation is determined. (Col. 7 lines 33-38, The data is processed to find average pupil diameter, and, when appropriate, broken down into lookpoints lying on the displayed images. In this way a subject's preference for a certain image or portion of the screen can easily be discovered).
Claim(s) 7 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over McKee (pub # 20090012419) in view of Publicover et al (pub # 20150338915).
Consider claim 7. McKee does not specifically disclose The computer-implemented method of Claim 1, wherein the communicating includes displaying metrics on the display device. However Publicover et al in at least paragraph 0151 discloses an eye tracking system and method wherein “As a device user surveys his/her viewable environment, objects that can be picked are usually highlighted or altered in some manner when viewed, providing valuable user feedback indicating gaze direction in real time”, thus displaying metrics on the display to the user. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system and method of Publicover et al with the system and method of McKee in order to provide an improved user experience by providing accurate feedback to the user while performing eye-tracking.
Consider claim 20. McKee does not specifically disclose The system of Claim 14, wherein communicating the at least one area of interest identified includes displaying metrics on the display device. However Publicover et al in at least paragraph 0151 discloses an eye tracking system and method wherein “As a device user surveys his/her viewable environment, objects that can be picked are usually highlighted or altered in some manner when viewed, providing valuable user feedback indicating gaze direction in real time”, thus displaying metrics on the display to the user. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the system and method of Publicover et al with the system and method of McKee in order to provide an improved user experience by providing accurate feedback to the user while performing eye-tracking.
Claim(s) 12 and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over McKee (pub # 20090012419) in view of Kim et al (pub # 20140313124) and further in view of Martinez-Conde et al (pub # 20100039617).
Consider claim 12. McKee does not specifically disclose The computer-implemented method of Claim 1, further comprising overlaying a grid coordinate map over the subject, wherein a configuration of the grid coordinate map is determined based on at least a subset of features of the subject displayed on the display device, and wherein the configuration includes concentric circles spaced apart, randomly.
Kim et al teaches overlaying a grid coordinate map over the subject, (Fig. 6 and paragraph 0029, a grid generator configured to generate a second virtual grid over an image in the display 160. Paragraph 0030 discloses “The gaze point mapping processor 140 maps a position of the pupil with one-to-one within a second virtual grid area corresponding to a position of the pupil within the first virtual grid”, thus a grid coordinate map).
wherein a configuration of the grid coordinate map is determined based on at least a subset of features of the subject displayed on the display device (paragraph 0041, the grid generator 120 generates a first virtual grid of the eye area using a pickup image of a gaze point of the pupil corresponding to each corner (4 corners) of the display 160, and generates a second virtual grid having the same division areas as those of the first virtual grid in the display 160).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the grid coordinate map of Kim et al with the system and method of McKee so that an error is prevented from amplifying and a calculation cost of a gaze position can be saved (Kim et al paragraph 0067).
McKee in view of Kim et al does not specifically disclose and wherein the configuration includes concentric circles spaced apart, randomly. However Martinez-Conde et al in at least Fig. 2C discloses circles spaced apart randomly on an image. Therefore it would have been obvious to one of ordinary skill in the art to combine the system and method of Martinez-Conde et al with the invention of McKee in view of Kim et al so as to determine covert regions of interest painlessly, non-intusively and transparently as compared to currently used tests (Martinez-Conde et al paragraph 0015).
Consider claim 25. McKee does not specifically disclose The system of Claim 14, wherein the processor component is further instructed to: overlay a grid coordinate map over the subject; and determine a configuration of the grid coordinate map based on at least a subset of features of the subject displayed on the display device, and wherein the configuration includes concentric circles spaced apart, randomly.
Kim et al teaches overlay a grid coordinate map over the subject; (Fig. 6 and paragraph 0029, a grid generator configured to generate a second virtual grid over an image in the display 160. Paragraph 0030 discloses “The gaze point mapping processor 140 maps a position of the pupil with one-to-one within a second virtual grid area corresponding to a position of the pupil within the first virtual grid”, thus a grid coordinate map).
and determine a configuration of the grid coordinate map based on at least a subset of features of the subject displayed on the display device, (paragraph 0041, the grid generator 120 generates a first virtual grid of the eye area using a pickup image of a gaze point of the pupil corresponding to each corner (4 corners) of the display 160, and generates a second virtual grid having the same division areas as those of the first virtual grid in the display 160).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the grid coordinate map of Kim et al with the system and method of McKee so that an error is prevented from amplifying and a calculation cost of a gaze position can be saved (Kim et al paragraph 0067).
McKee in view of Kim et al does not specifically disclose and wherein the configuration includes concentric circles spaced apart, randomly. However Martinez-Conde et al in at least Fig. 2C discloses circles spaced apart randomly on an image. Therefore it would have been obvious to one of ordinary skill in the art to combine the system and method of Martinez-Conde et al with the invention of McKee in view of Kim et al so as to determine covert regions of interest painlessly, non-intusively and transparently as compared to currently used tests (Martinez-Conde et al paragraph 0015).
Conclusion
THIS ACTION IS MADE FINAL. 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 CHAYCE R BIBBEE whose telephone number is (571)270-7222. The examiner can normally be reached Mon-Thurs 8:00-6:00.
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/CHAYCE R BIBBEE/Examiner, Art Unit 2624
/MATTHEW A EASON/Supervisory Patent Examiner, Art Unit 2624
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