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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/23/2022 and 10/02/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claim 18 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because a computer program is not: A process, or A machine, or A manufacture, or A composition of matter.
Therefore, fail(s) to fall within a statutory category of invention.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3 and 13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 3 and 13, the limitation “a detection of the predefined input from the image data based on a detection from at least one image among the number of images at least one of: a blink of the at least one eye of the person; and a position of the gaze point remains stationary with a predefined margin a period of time exceeding a predefined threshold time” renders the claim indefinite because it is unclear whether “at least one of: a blink of the at least one eye of the person; and a position of the gaze point remains stationary with a predefined margin a period of time exceeding a predefined threshold time” corresponds to “predefined input”, “image data”, or “at least one image among the number of images”. Appropriate correction is required.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iwatsu (WO 2018/158813 A1) (hereinafter rejection rely on provided equivalent English machine translation) in view of Preston (US 2015/0232300 A1).
Regarding claims 1, 11 and 17-18, Iwatsu discloses a method, a computer program (e.g. p. 7: software) for executing the method (e.g. process shown in Fig. 4), an elevator system and an arrangement of an elevator system for controlling the elevator system (e.g. Fig. 1: elevator call registration system), the arrangement comprising:
at least one gaze tracking device (e.g. Fig. 1: line of sight recognition camera 10, 12, 13) for capturing a number of images representing at least one eye of a person (e.g. p. 3-4, 7 & 9: line of sight image taken by camera closest to the user’s eye); and
a control unit (e.g. p. 7 & Fig. 5: processor 51 & Fig. 2: 2) configured to, in response to a receipt of the number of images from the gaze tracking device, perform:
detect a predefined input from image data received from the gaze tracking device (e.g. Abstract: point of gaze based on image captured by a gaze recognition camera 10);
detect an intersection of the virtual user interface and a gaze point, the gaze point being related to a detection of the predefined input and determined from the image data received from the gaze tracking device (e.g. Abstract: point of gaze based on image captured by a gaze recognition camera 10; p. 4: point of sight directed to a position corresponding to floor buttons 5, indicator 8, or input start mark 11 for a period of time, for example); and
generate a control signal to the elevator system in accordance with a position of the gaze point intersecting the virtual user interface (e.g. p. 4: operation detection unit 21 detects a call registration operation based on detection position by the line-of-sight recognition unit 17).
Iwatsu fails to disclose, but Preston teaches at least one projector device for projecting a virtual user interface (e.g. [0024, 0025]).
Thus, it would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the teachings of Iwatsu with the teachings of Preston to provide virtual operating panel for an elevator so as to provide panel on each side of the elevator door for convenience (e.g. Preston: [0025]).
Regarding claims 2 and 12, Prestion teaches the control unit is further configured to control an operation of the at least one projector device (e.g. [0024, 0025]).
Regarding claims 3, 13 and 19, Iwatsu discloses the control unit is configured to perform a detection of the predefined input from the image data based on a detection from at least one image among the number of images at least one of: a blink of the at least one eye of the person; and a position of the gaze point remains stationary with a predefined margin a period of time exceeding a predefined threshold time (p. 4: point of sight directed to a position corresponding to floor buttons 5, indicator 8, or input start mark 11 for a period of time, for example).
Regarding claims 4, 14 and 20, Iwatsu and Preston in combination discloses the control unit is configured to generate the control signal to the elevator system in accordance with the position of the gaze point intersecting the virtual user interface in response to a detection that the gaze point intersects a predefined area of the virtual user interface (e.g. Iwatsu in p. 4: operation detection unit 21 detects a call registration operation based on detection position of passenger gazing at a floor button on a control panel by the line-of-sight recognition unit 17, and Preston in [0024, 0025] teaches elevator is capable of projecting a virtual control panel).
Regarding claims 5 and 15, Iwatsu discloses the control unit is configured to determine a relation of the gaze point to the detection of the predefined input by one of: the gaze point corresponds to a gaze point determined from at least one same image as from which image the predefined input is detected (e.g. p. 4-5 & Fig. 3); and the gaze point corresponds to a gaze point determined from at least one previous image to the image from which the predefined input is detected.
Regarding claims 6 and 16, Preston teaches the projector device is arranged to generate the virtual user interface by projecting the virtual user interface to at least one of: a physical surface (e.g. [0024, 0025]: project image of buttons on surface of elevator); and air.
Regarding claim 7, Preston teaches the projector device is arranged to project the virtual user interface to the physical surface with a light beam (e.g. [0024, 0025]).
Regarding claims 8-10, claims are rejected in view of rejections of claims 6 and 16. Limitations recited in the claims further limit “air” recited in claims 6 and 16; and, claims 6 and16 have been rejected in view of “physical surface”.
Conclusion
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/KAWING CHAN/ Primary Examiner, Art Unit 2846