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 .
The amendments were received on 1/27/2026. Claims 1, 2, 5-7, 13-15, and 21 are pending where claims 1, 2, 5-7, and 13-15 were previously presented; claims 3, 4, 8-12, and 16-20 were cancelled; and claim 21 is newly added.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/27/2026 has been entered.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1, 2, 5-7, 13-15, and 21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
With regard to claim 1:
Step 2A, Prong One:
The claim recites the following limitations which are drawn towards an abstract idea:
wherein the arithmetic device is configured to estimate degree of a user’s excitement from the user’s data, generate an image representing the degree of the user’s excitement (recites mental process steps of looking at images of a user or users and evaluating them to determine how you think they feel and determine how you want to convey that feeling to others, i.e. generate display data, e.g. for happy think of sunshine, for sad think of rain clouds, angry think of lightning storm, et cetera).
As seen from above, the identified limitations recite concepts associated with an abstract idea and thus the respective claim recites a judicial exception (see 2106.04(a)) and thus requires further analysis as discussed below.
Step 2A, Prong Two:
The following limitations have been identified as being additional elements as discussed below.
An electronic device comprising a detection device, an arithmetic device, a display device, a housing, and an adjustment member (recites generic hardware elements including computer elements to perform the abstract idea, see MPEP 2106.05(f)),
wherein the housing has a first surface facing a nose of the user with a space therebetween when the user wears the goggle-type electronic device, wherein the detection device is provided on the first surface of the housing and facing the nose of the user (recites field of use limitations describing a particular type of hardware device described generally and how it is meant to be used/operated, see US 20160360970 and US 20180078187 from Written Search Report for description of similar widely used devices such as headsets/glasses; see MPEP 2106.05(h)),
wherein the detection device comprises a temperature sensor configured to measure a temperature around the nose and a mouth of the user and a humidity sensor configured to measure humidity around the nose and the mouth of the user (recites field of use limitations describing a particular type of sensors and what those sensors measure including temperature and humidity, see MPEP 2106.05(f)),
wherein the detection device is configured to obtain user's data including the temperature and the humidity (recites insignificant extrasolution activity of mere data gathering similar to receiving/transmitting data, see MPEP 2106.05(g)),
wherein the adjustment member is connected to the detection device and the housing and is configured to adjust a position and an angle of the detection device according to a position of each user’s nose and mouth (housing (recites insignificant extrasolution activity of adjusting position of features of a device such as customizing a device for a person similar to baseball hat adjustment or headgear adjustments, see MPEP 2106.05(g)),
and wherein the arithmetic device is configured to … output the image to the display device for presentation to the user (recites insignificant extrasolution activity of displaying/transmitting/outputting data, see MPEP 2106.05(g)).
This judicial exception is not integrated into a practical application because, as seen from the above discussion, the identified limitations did not integrate the judicial exception into a practical application (see MPEP 2106.04(d)). The additional elements describe data gathering and transmitting information limitation as well as various hardware elements recited at a high-level of generality.
Step 2B:
Below is the analysis of the claims:
An electronic device comprising a detection device, an arithmetic device, a display device, a housing, and an adjustment member (recites generic hardware elements including computer elements to perform the abstract idea, see MPEP 2106.05(f)),
wherein the housing has a first surface facing a nose of the user with a space therebetween when the user wears the goggle-type electronic device, wherein the detection device is provided on the first surface of the housing and facing the nose of the user (recites field of use limitations describing a particular type of hardware device described generally and how it is meant to be used/operated, see US 20160360970 and US 20180078187 from Written Search Report for description of similar widely used devices such as headsets/glasses; see MPEP 2106.05(h)),
wherein the detection device comprises a temperature sensor configured to measure a temperature around the nose and a mouth of the user and a humidity sensor configured to measure humidity around the nose and the mouth of the user (recites field of use limitations describing a particular type of sensors and what those sensors measure including temperature and humidity, see MPEP 2106.05(f)),
wherein the detection device is configured to obtain user's data including the temperature and the humidity (recites well-understood, routine, and conventional activity of mere data gathering similar to receiving/transmitting data, see MPEP 2106.05(g)),
wherein the adjustment member is connected to the detection device and the housing and is configured to adjust a position and an angle of the detection device according to a position of each user’s nose and mouth (recites to well-understood, routine, and conventional activity of adjusting/customizing wearable items to the user, see MPEP 2106.05(d) and, e.g., Tzvieli et al [US 2016/0360970] paragraphs 193, 49, and 153),
and wherein the arithmetic device is configured to … output the image to the display device for presentation to the user (recites well-understood, routine, and conventional activity of displaying/transmitting/outputting data, see MPEP 2106.05(d)).
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, as seen from above, the respective claim elements taken individually do not amount to significantly more than the judicial exception. When taken as a whole (in combination), the claim also does not amount to significantly more than the abstract idea because the additional elements the additional elements describe data gathering and transmitting information limitation as well as various hardware elements recited at a high-level of generality.
With regard to claim 5, this claim recites wherein the detection device further comprises at least one of a microphone configured to obtain a user’s voice and an imaging device configured to capture images of the nose and the mouth of the user and surrounding areas (recites generic hardware as a tool for generic functionality, i.e. microphone to obtain sound and imaging device to capture images; where the device that incorporates such other detection devices relate to field of use limitations describing a particular type of hardware device described generally and how it is meant to be used/operated, see US 20160360970 and US 20180078187 from Written Search Report for description of similar widely used devices such as headsets/glasses that include images; see MPEP 2106.05(h)).
With regard to claim 6, this claim recites wherein the user’s data further includes at least one of the user’s voice and the images (which recites field of use limitations describing the format or data type of the data used by the system, see MPEP 2106.05(h)).
With regard to claim 7, this claim recites further comprising wherein the arithmetic device is further configured to extract feature points from the user’s data using a first neural network (recites insignificant extrasolution activity of using a computer as a tool to implement the judicial exception, including identifying or extracting/obtaining information, see MPEP 2106.05(f) and 2106.05(g), and
Wherein the degree of the user’s excitement is estimated from information based on the feature points using a second neural network (recites apply-it limitations of using the computer as a tool to implement the judicial exception, see MPEP 2106.05(f)).
With regards to claims 2 and 13-15, these claims are substantially similar to claims 1 and 5-7 and are rejected for similar reasons as discussed above. The main difference is that claim 2 recites the detection device inside the surface (see Shuster, paragraph [0026] and [0037] as an example of device with internal detection device and amounts to field of use limitations/technological environment describing the positioning of the desired detection device, see MPEP 2106.05(h)); and extracting feature points using a neural network (recites using computer as a tool to implement the abstract idea, see MPEP 2106.05(f)).
With regard to claim 21, this claim recites the goggle-type electronic device according to claim 1, further comprising a first optical component and a second optical component, wherein when the user wears the goggle-type electronic device, the first optical component is located between a first region of the display device and a left eye of the user, and the second optical component is located between the second region of the display device and a right eye of the user (recites technological environment limitations describing the usage of optical components for the goggle-type device, see MPEP 2106.05(h)).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 5, and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Vankipuram et al [US 2022/0091670 A1] in view of Xie et al [US 2019/0204907 A1] and Velez et al [US 4,852,988].
With regard to claim 1, Vankipuram teaches a goggle-type electronic device comprising a detection device; an arithmetic device; a display device; an adjustment member; and a housing (see paragraphs [0015] and [0017] and [0019] and [0042]; the device which can include a processor can be part of an integrated circuit in the headset, i.e. housing; the device can also have various sensors attached to the headset and have ability to aim the camera or detection device, i.e. adjustment member; see paragraph [0072]; the system is able to generate data to be displayed and then display the generated data to the display device),
wherein the housing has a first surface facing a nose of a user with a space therebetween when the user wears the goggle-type electronic device, wherein the detection device provided on the first surface of the housing and facing the nose of the user (see Figures 2 and 3; see Table 2 in paragraph [0028] with Nose Wrinkle having an EMG sensor; and paragraphs [0035] and [0019] and [0044]; the housing has a space overlapping where the user’s nose would be so that the housing can sit comfortable on the user’s nose as support while the user is using the device where gaskets can be positioned at the housing to contact with the wearers face and include electromyographic sensor (EMG) including an EMG sensor positioned on the nose to measure/detect nose wrinkle actions),
and wherein the arithmetic device is configured to estimate degree of a user’s excitement from the user’s data, generate information representing the degree of the user’s excitement, and output the information to the display device for presentation to the user (see paragraphs [0027], [0035], [0039], and [0072]; the system is able to estimate the degree of a user’s excitement including really excited (happy), kind of excited (neutral), and not excited (sad)) and be able to generate data to be displayed and then display the generated data).
Vankipuram does not appear to explicitly teach:
wherein the detection device comprises a temperature sensor configured to measure a temperature around the nose and a mouth of the user and a humidity sensor configured to measure humidity around the nose and the mouth of the user,
wherein the detection device is configured to obtain user's data including the temperature and the humidity,
wherein the adjustment member is connected to the detection device and the housing and is configured to adjust a position and an angle of the detection device according to a position of each user’s nose and mouth.
Xie teaches wherein the detection device comprises a temperature sensor configured to measure a temperature
wherein the detection device is configured to obtain user's data including the temperature and the humidity (see paragraph [0057] and [0076]; the system can make use of the temperature and humidity information as part of the processing of the user’s information).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the headset of Vankipuram by utilizing a camera/detection device that can comprise a temperature sensor and humidity sensor with the headset as taught by Xie in order to provide additional information that can help correlate the emotional state/excitement of the user thus allowing additional features to be used as evidence when making a determination of what the current user’s emotional/excitement state is.
Vankipuram in view of Xie teach wherein the detection device comprises a temperature sensor configured to measure a temperature around the nose and a mouth of the user and a humidity sensor configured to measure humidity around the nose and the mouth of the user (see Xie, paragraph [0035]; see Vankipuram, paragraphs [0015], [0019], and [0042]; the device can have various sensors attached to the headset and have ability to aim the camera or detection device, i.e. adjustment member, at the user where the camera can include various sensors to gather respective information such as temperature and humidity; see Vankipuram, paragraph [0072]; the system is able to generate data to be displayed and then display the generated data to the display device).
Vankipuram in view of Xie teach that cameras can be aimed but do not appear to explicitly teach:
wherein the adjustment member is connected to the detection device and the housing and is configured to adjust a position and an angle of the detection device according to a position of each user’s nose and mouth.
Velez teaches wherein the adjustment member is connected to the detection device and the housing and is configured to adjust a position and an angle of the detection device (see col 8, lines 26-31; the cameras have adjustment members or mechanisms to allow the cameras to be adjusted and aligned/oriented properly).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the headset of Vankipuram in view of Xie by including conventional means to adjust the respective camera/detection device as taught by Velez in order to ensure that the proper orientation of the detection device/camera is being utilized for the respective user thus allowing personalization/customization of the headset to fit a wide variety of different users since everyone has a different shaped head and face, thus allowing the system to adjusted/tailored to best capture the respective features of the user currently using the headset versus a one-size-fits-all approach which may have the respective detection device/camera in a less than optimal position resulting in predictions with low confidence/accuracy.
Vankipuram in view of Xie and Velez teach wherein the adjustment member is connected to the detection device and the housing and is configured to adjust a position and an angle of the detection device according to a position of each user’s nose and mouth (see Velez, col 8, lines 26-31; see Vankipuram, paragraph [0042]; the system provides means to allow the headset to have their detection device to be adjusted so that it can aim at the user’s face including mouth/lip area).
With regard to claim 5, Vankipuram in view of Xie and Velez teach wherein the detection device further comprises at least one of a microphone configured to obtain a user’s voice and an imaging configured to capture images of the nose and the mouth of the user and surrounding areas (see Vankipuram, paragraph [0020]; various different detection devices can be used include microphone).
With regard to claim 6, Vankipuram in view of Xie and Velez teach wherein the user's data further includes at least one of a the user’s voice and the images (see Vankipuram, paragraphs [0019] and [0035]; various types of data can be collected including sounds and images such as sounds/voice from the user’s mouth).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Vankipuram et al [US 2022/0091670 A1] in view of Xie et al [US 2019/0204907 A1] and Velez et al [US 4,852,988] in further view of Shuster et al [US 2016/0086378 A1].
With regard to claim 21, Vankipuram in view of Xie and Velez teach all the claim limitations of claim 1 as discussed above.
Vankipuram in view of Xie and Velez teach optical component (see Vankipuram, Figure 3 and paragraph [0308]) but do not appear toe explicitly teach:
a first optical component and a second optical component,
wherein when the user wears the goggle-type electronic device, the first optical component is located between a first region of the display device and a left eye of the user, and the second optical component is located between the second region of the display device and a right eye of the user.
Shuster teaches a first optical component and a second optical component, wherein when the user wears the goggle-type electronic device, the first optical component is located between a first region of the display device and a left eye of the user, and the second optical component is located between the second region of the display device and a right eye of the user (see paragraph [0070]; the system can include two optical components that can be used by the user where those optical components are between the eye and the respective display).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the headset of Vankipuram in view of Xie and Velez by providing means for optical components to be used in conjunction with the headset as taught by Schuster in order to allow for users with less than perfect vision to utilize the system with little hassle or frustration of not being able to see the information clearly.
Claims 2 and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Vankipuram et al [US 2022/0091670 A1] in view of Shuster et al [US 2016/0086378 A1], Xie et al [US 2019/0204907 A1], Velez et al [US 4,852,988], and el Kaliouby [US 2018/0144659 A1].
With regard to claim 2, Vankipuram teaches a goggle-type electronic device comprising a detection device; an arithmetic device; a display device; a housing; and an adjustment member (see paragraphs [0015] and [0017] and [0019] and [0042] and [0045]; the device which can include a processor can be part of an integrated circuit in the headset, i.e. housing; the device can also have various sensors attached to the headset and have ability to aim the camera or detection device, i.e. adjustment member; see paragraph [0072]; the system is able to generate data to be displayed and then display the generated data to the display device),
wherein the housing has a first surface facing a nose of a user with a space therebetween when the user wears the goggle-type electronic device, wherein the detection device is
and wherein the arithmetic device is configured to extract feature points from the user’s data
Vankipuram does not appear to explicitly teach:
wherein the detection device is located in the inside of the first surface of the housing and facing the nose of the user,
wherein the detection device comprises a temperature sensor configured to measure a temperature around the nose and a mouth of the user and a humidity sensor configured to measure humidity around the nose and the mouth of the user,
wherein the detection device is configured to obtain user's data including the temperature and the humidity,
wherein the adjustment member is located in the inside of the first surface of the housing, and is configured to adjust a position and an angle of the detection device according to a position of each user’s nose and mouth,
and wherein the arithmetic device is configured to extract feature points from the user’s data using a neural network, estimate degree of a user’s excitement from the information based on the feature points.
Shuster teaches wherein the detection device is located in the inside of the first surface of the housing and facing the nose of the user (see paragraph [0026] and [0037]; the detection device/camera can be an internal camera with respect to the housing and be able to face the user’s nose amongst other facial features).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the headset of Vankipuram by utilizing internal cameras/detection devices as taught by Schuster in order to utilize equivalent components (i.e. cameras/detection devices) for their same purpose but with the added benefit of being more discrete and less bulky, i.e. not extending out from the headset or glasses.
Vankipuram in view of Shuster do not appear to explicitly teach:
wherein the detection device comprises a temperature sensor configured to measure a temperature around the nose and a mouth of the user and a humidity sensor configured to measure humidity around the nose and the mouth of the user,
wherein the detection device is configured to obtain user's data including the temperature and the humidity,
wherein the adjustment member is located in the inside of the first surface of the housing, and is configured to adjust a position and an angle of the detection device according to a position of each user’s nose and mouth,
and wherein the arithmetic device is configured to extract feature points from the user’s data using a neural network, estimate degree of a user’s excitement from the information based on the feature points.
Xie teaches wherein the detection device comprises a temperature sensor configured to measure a temperature
wherein the detection device is configured to obtain user's data including the temperature and the humidity (see paragraph [0057] and [0076]; the system can make use of the temperature and humidity information as part of the processing of the user’s information).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the headset of Vankipuram in view of Shuster by utilizing a camera/detection device that can comprise a temperature sensor and humidity sensor with the headset as taught by Xie in order to provide additional information that can help correlate the emotional state/excitement of the user thus allowing additional features to be used as evidence when making a determination of what the current user’s emotional/excitement state is.
Vankipuram in view of Shuster and Xie teach wherein the detection device comprises a temperature sensor configured to measure a temperature around the nose and a mouth of the user and a humidity sensor configured to measure humidity around the nose and the mouth of the user (see Xie, paragraph [0035]; see Vankipuram, paragraphs [0015], [0019], and [0042]; the device can have various sensors attached to the headset and have ability to aim the camera or detection device, i.e. adjustment member, at the user where the camera can include various sensors to gather respective information such as temperature and humidity; see Vankipuram, paragraph [0072]; the system is able to generate data to be displayed and then display the generated data to the display device).
Vankipuram in view of Xie teach that cameras can be aimed but do not appear to explicitly teach:
wherein the adjustment member is located in the inside of the first surface of the housing, and is configured to adjust a position and an angle of the detection device according to a position of each user’s nose and mouth,
and wherein the arithmetic device is configured to extract feature points from the user’s data using a neural network, estimate degree of a user’s excitement from the information based on the feature points.
Velez teaches wherein the adjustment member
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the headset of Vankipuram in view of Shuster and Xie by including conventional means to adjust the respective camera/detection device as taught by Velez in order to ensure that the proper orientation of the detection device/camera is being utilized for the respective user thus allowing personalization/customization of the headset to fit a wide variety of different users since everyone has a different shaped head and face, thus allowing the system to adjusted/tailored to best capture the respective features of the user currently using the headset versus a one-size-fits-all approach which may have the respective detection device/camera in a less than optimal position resulting in predictions with low confidence/accuracy.
Vankipuram in view of Shuster, Xie, and Velez teach wherein the adjustment member is located in the inside of the first surface of the housing, and is configured to adjust a position and an angle of the detection device according to a position of each user’s nose and mouth (see Xie, col 8, lines 26-31; see Shuster, paragraphs [0026] and [0037]; Vankipuram, paragraph [0042]; the detection device/camera can be an internal camera with respect to the housing and be able to face the user’s nose amongst other facial features the cameras and have adjustment members or mechanisms to allow the cameras to be adjusted and aligned/oriented properly).
Vankipuram in view of Shuster, Xie, and Velez teach feature extraction (see Vankipuram, paragraph [0019]) but do not appear to explicitly teach:
wherein the arithmetic device is configured to extract feature points from the user’s data using a neural network, estimate degree of a user’s excitement from the information based on the feature points.
el Kaliouby teaches wherein the arithmetic device is configured to extract feature points from the user’s data using a neural network, estimate degree of a user’s excitement from the information based on the feature points (see Figure 13 and paragraphs [0088]-[0090] and [0100]-[0101] and [0104]; the system is able to utilize a neural network to be able to extract feature points from the user’s data via a neural network and utilize that information to estimate users emotions or excitement).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the feature extraction process of Vankipuram in view of Shuster, Xie, and Velez by utilizing a neural network/machine learning model as means to perform the feature extraction as taught by el Kaliouby in order to allow the system to be more versatile and robust and also has means to be tailored and updated as time goes on that best captures or emphasis particular features of images that can be used by the system to determine user emotion/excitement instead of a static process thus allowing for the system to become more accurate to a wider range of users and their unique facial characteristics and mannerisms.
With regard to claims 13 and 14, these claims are substantially similar to claims 5 and 6 and are rejected for similar reasons as discussed above.
With regard to claim 15, this claim is substantially similar to claim 21 and is rejected for similar reasons as discussed above.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Vankipuram et al [US 2022/0091670 A1] in view of Xie et al [US 2019/0204907 A1] and Velez et al [US 4,852,988] in further view of el Kaliouby [US 2018/0144659 A1].
With regard to claim 7, Vankipuram in view of Choi teach all the claim limitations of claim 1 as discussed above.
Vankipuram in view of Xie and Velez do not appear to explicitly teach:
wherein the arithmetic device is further configured to extract feature points from the user’s data using a first neural network, and
wherein the degree of the user’s excitement is estimated from information based on the feature points using a second neural network.
el Kaliouby teaches wherein the arithmetic device is further configured to extract feature points from the user’s data using a first neural network (see Figure 13 and paragraphs [0088]-[0090] and [0100]-[0101] and [0104]; the system is able to utilize a neural network to be able to extract feature points from the user’s data via a neural network and utilize that information to estimate users emotions or excitement).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the feature extraction process of Vankipuram in view of Xie and Velez by utilizing a neural network/machine learning model as means to perform the feature extraction as taught by el Kaliouby in order to allow the system to be more versatile and robust and also has means to be tailored and updated as time goes on that best captures or emphasis particular features of images that can be used by the system to determine user emotion/excitement instead of a static process thus allowing for the system to become more accurate to a wider range of users and their unique facial characteristics and mannerisms.
Vankipuram in view of Xie and Velez in further view of el Kaliouby teach wherein the degree of the user’s excitement is estimated from information based on the feature points using a second neural network (see el Kaliouby, Figure 13 and paragraphs [0088]-[0090] and [0100]-[0101] and [0104]; see Vankipuram, paragraph [0019], [0026], [0012], [0029], and [0053]; the system is able to utilize a neural network to be able to extract feature points from the user’s data via a neural network and utilize that information via other means including neural network to estimate users emotions or excitement).
Response to Arguments
Applicant's arguments (see first paragraph on page 10) have been fully considered but they are not persuasive. The Examiner appreciates the updated title; however, the respective title is still not descriptive. The Examiner suggests adding purpose or intent to the title. As it stands the title of electronic device having detection device, arithmetic device, display device, and housing could relate to a smart phone.
Applicant's arguments (see the second paragraph on page 10 through the third whole paragraph on page 11) have been fully considered but they are not persuasive. The applicant argues (a) that the claims are directed to a new and useful machine and should have the respective 35 USC 101 rejections withdrawn; (b) the claims recite generating and outputting images; and (c) claim 2 recites extracting features using a neural network; as well as generating image representing user’s excitement and displaying it. The Examiner respectfully disagrees. With regards to argument (a), although various devices might be unique, the Examiner notes that according to MPEP 2106.04(a)(2)(III)(C), that a claim that requires a computer may still recite a mental process where wearable electronics comprise a computer/processor. As such, applicant’s argument is not persuasive. With regard to argument (b), the Examiner notes that the claims broadly and at a high-level of generality indicate the generation of an image that represents “the degree of the user’s excitement” which can be, under broadest reasonable interpretation, be smiley face, neutral face, or frowny face, or some other scale including alphanumeric scale (e.g. on a 1-10 scale, the generation of the number 10 (including a mental image of the number) would still be an image that represents user excitement, which if 10 is most excited and 1 is no excitement, than the image of the number 10 represents a really excited user). With regards to the output to the display device limitation, as noted in the 35 USC 101 rejections, this is an additional element associated with transmittal of information which, according to MPEP 2106.05(d), amounts to a well-understood, routine, and conventional activity. With regards to argument (c) about claim 2’s limitation, these arguments are similar to claim 1 and are not persuasive for the same reasons as claim 1 above. Claim 2 does mention an additional limitation of using a neural network to extract feature points from an image; however, as noted in the 35 USC 101 rejections, this recitation is at a high-level of generality of using a computerized tool to implement the abstract idea (i.e. identify/obtain information) which amounts to (or is very similar to) apply-it type limitations and is evaluated as such (see MPEP 2106.05(f) for more information). Therefore, applicant’s arguments are not persuasive.
Applicant’s arguments (see the second from last paragraph on page 11 through the last paragraph on page 12) with respect to the rejection(s) of claim(s) under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Xie and Velez. The applicant amended the claims to incorporate new limitations that required further search and consideration of the prior art. As seen from the 35 USC 103 rejections above, new references were found that, when combined, would teach or fairly suggest the claim limitations as recited.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Chow [WO 2016/182504] teaches at page 3, line 6 through page 4, line 13 the ability to capture facial expressions of the user to provide an indication of their emotional state and be able to have a generated avatar model (2D or 3D) also mimic that user’s facial expression/emotional state. Page 5, lines 16-33 discusses the microphone and camera on the headset and the ability for the user to adjust the camera position.
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/MARC S SOMERS/Primary Examiner, Art Unit 2159 5/14/2026
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