DETAILED ACTIONNotice 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 .
Applicant Response to Official Action
The response filed on 12/6/2025 has been entered and made of record.
Acknowledgment
Claims 1, 4-5, 8-9, 15, and 19, amended on 12/6/2025, are acknowledged by the examiner.
Response to Arguments
Applicant’s arguments with respect to claims 1, 19, and their dependent claims have been considered but they are moot in view of the new grounds of rejection necessitated by amendments initiated by the applicant.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, 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.
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 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 factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) 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.
This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claims 1-7, 9-12, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Harris at al. (US Patent 12,332,455 B2), (“Harris”), in view of Martin et al. (US Patent Application Publication 2023/0316692 A1), (“Martin”).
Regarding claim 1, Harris meets the claim limitations, as follows:
A head wearable apparatus (a near-to-eye (NR2I) head-mounted display (HMD) system) [Harris: col. 2, line 34-35], comprising: a lens assembly ((Casing 1110 as depicted in FIG. 11E is repeated as FIG. 12A. Accordingly, FIG. 12B depicts the front face of the Casing 1110 as a discrete element from the viewing perspective of the user. Accordingly, Window 1210 represents the image region within which the MicroDisplay 1120 is projected to the user's pupil via the Prism-Lens 1130. A portion of the Prism Lens 1130 may be covered by an opaque baffle 1220 in order to minimize stray light from corrupting the user's perception of the image. Similarly, 65 where the POD Casing 1110 and Core 1160 are implemented in opaque materials this further prevents stray light from entering other surfaces of the Prism-Lens 1130. FIGS. 12C) [Harris: col. 20, line 56-67; Figs. 11A-E]) including a lens module ((one or two lenses, prescription lenses, filters, polarizing elements, photochromic elements, electrochromic elements, etc.) [Harris: col. 7, line 58-60; Fig. 31]; (FIG. 31 depicts a free-form prism lens as may be used in HMDs) [Harris: col. 5, line 27-28; Fig. 31]) coupled to at least one surface of a frame of the head wearable apparatus (a near-to-eye (NR2I) head-mounted display (HMD) system comprising: a frame configured to encompass a head of a user; a first temple arm attached at a first end to a first side of the frame and configured to project forward along a first side of the head of the user; a second temple arm attached at a first end to a second side of the frame opposite the first side of the frame and configured to project forward along a second side of the head of the user opposite to the first side of the head of the user) [Harris: col. 2, line 34-44; Please see Figs. 1-16 for details]; and a camera assembly (one or more cameras) [Harris: col. 7, line 63-64] physically coupled to an anterior surface (one or more forward-facing cameras) [Harris: col. 10, line 53; Please see camera 1415 facing toward to the front of user in Figs. 14, 19] of a flexure of the frame ((the user's head width 210 is accommodated through flexure of the front portion 101A of the halo frame and the pair of tracks 115) [Harris: col. 17, line 5-7]; (a pair of pivotable temple arms 103 attached via first hinges 110 which are disposed along either side of the user's head and projecting forward) [Harris: col. 14, line 26-28]; (As noted above a thumb-wheel 120 engages in a track so that rotation of the thumbwheel causes translation between the first hinge 110 where the temple arm 103 is attached to the halo-frame and second hinge 111, where the temple arm 103 attaches to the Display Assembly 102 thereby extending and/or retracting each temple arm independently from each other and independent of any adjustment in respect of the overall dimensions of the halo frame.) [Harris: col. 19, line 46-54; Fig. 9]) of the head wearable apparatus (a near-to-eye (NR2I) head-mounted display (HMD) system comprising: a frame configured to encompass a head of a user; a first temple arm attached at a first end to a first side of the frame and configured to project forward along a first side of the head of the user; a second temple arm attached at a first end to a second side of the frame opposite the first side of the frame and configured to project forward along a second side of the head of the user opposite to the first side of the head of the user) [Harris: col. 2, line 34-44; Please see Figs. 1-16 for details], wherein the flexure is adjacent to the lens assembly ((the user's head width 210 is accommodated through flexure of the front portion 101A of the halo frame and the pair of tracks 115) [Harris: col. 17, line 5-7]; (the thumbwheel engages the first track and the second track such that rotation of the thumbwheel provides circumferential adjustment of the frame) [Harris: col. 51, line 62-64]; (Overall
circumference adjustment is provided by adjusting the length of the tracks exposed or deployed between the front portion 101A of the halo frame and the rear portion 101B of the halo frame. This being depicted by circumference adjustments 211 and is achieved by rotating the thumbwheel 112 within the front portion 101A of the halo frame. The Display Assembly 102 of the NR2I HMD is attached to the pair of temple arms 103 by dual-hinged universal joints, second hinges 111, the vertical axis hinges of which are identified as hinge elements 212. Accordingly, as the width of the halo frame adjusts then the dual hinged universal joints, second hinges 111, at the ends of the temple arms 103 where the Display Assembly 102 is attached adjust as do the angles of the pair of temple arms relative to the sagittal plane of the user) [Harris: col. 17, line 7-23; Figs. 1-16]), the camera assembly including at least one sensor ((detected by one or more forward-facing cameras, a tapping on the device whose vibrations are detected by inertial or vibration sensors within the device, an audio cue such as a click or vocal command, such as "stop" "go" or "select", etc., or detection via the eye-tracking system, for instance detected gaze-direction and blink-detection, or any electronic signal from a different device to which a user has access, and with which the NR2I system is in communication) [Harris: col. 10, line 52-60]; (An NR2I display may include a microprocessor together with any other associated electronics including, but not 25 limited to, memory, user input device, gaze tracking, inertial sensors, context determination, graphics processor, and multimedia content generator may be integrated for example with the NR2I, form part of an overall assembly with the NR2I, form part of the PED, or as discrete unit wirelessly connected to the NR2I and/or PED. Accordingly, for example, the NR2I displays may be coupled wired or wirelessly to the user's PED whereas within another embodiment the NR2I may be self-contained) [Harris: col. 8, line 23-33]) to track a gaze direction of a user (Eye-tracking subsystem 1935 for tracking the position of the user's eye and direction of the user's gaze) [Harris: col. 26, line 31-34].
Harris does not explicitly disclose the following claim limitations (Emphasis added).
a camera assembly physically coupled to an anterior surface of a flexure of the frame of the head wearable apparatus.
In the same field of endeavor Martin further discloses the claim limitations as follows:
a camera assembly physically coupled to an anterior surface of a flexure of the frame of the head wearable apparatus (Referring parenthetically to the blocks in FIG. 5,
method 500 provides capturing a first image of a wearer of an HMD as reflected by a first side of a reflective surface coupled to the HMD, at block 501. For example, a first camera, such as camera 106, may be placed to the left side of the face of an HMD user. Like previous examples, the first camera is directed toward a reflective surface or mirror which is attached to the front enclosure/plate of the HMD, such as reflective surface 102) [Martin: para. 0046; Fig. 1A].
It would have been obvious to one with an ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Harris with Martin to program the system to implement of Shih’s method.
Therefore, the combination of Harris with Martin will enable the system to improve obtaining of depth information, which assists in creating a three-dimensional (3D) image from the side-by-side stereo images. In addition, this the hardware design of HMD will be compact [Martin: para. 0013].
Regarding claims 2 and 20, Harris meets the claim limitations as set forth in claims 1 and 19.Harris further meets the claim limitations as follow.
wherein the lens module ((Casing 1110 as depicted in FIG. 11E is repeated as FIG. 12A. Accordingly, FIG. 12B depicts the front face of the Casing 1110 as a discrete element from the viewing perspective of the user. Accordingly, Window 1210 represents 60 the image region within which the MicroDisplay 1120 is projected to the user's pupil via the Prism-Lens 1130. A portion of the Prism Lens 1130 may be covered by an opaque baffle 1220 in order to minimize stray light from corrupting the user's perception of the image. Similarly, 65 where the POD Casing 1110 and Core 1160 are implemented in opaque materials this further prevents stray light from entering other surfaces of the Prism-Lens 1130. FIGS. 12C) [Harris: col. 20, line 56-67; Figs. 11A-E]) comprises at least one lens or a lenslet array ((one or two lenses, prescription lenses, filters, polarizing elements, photochromic elements, electrochromic elements, etc.) [Harris: col. 7, line 58-60; Figs. 11A-E, 31]; (FIG. 31 depicts a free-form prism lens as may be used in HMDs) [Harris: col. 5, line 27-28; Fig. 31]).
Regarding claim 3, Harris meets the claim limitations as set forth in claim 1. Harris further meets the claim limitations as follow.
comprising: a processor (an electronic processor) [Harris: col. 18, line 19]; a memory coupled with the processor (a processor for executing software comprising instructions stored upon one or more non-volatile, non-transitory storage media) [Harris: col. 52, line 26-28]; and instructions stored in the memory and executable by the processor to cause the head wearable apparatus to (a processor for executing software comprising instructions stored upon one or more non-volatile, non-transitory storage media; wherein
the software when executed by the processor comprises: an operating system layer; an HMD-specific service layer comprising a plurality of HMD-specific services; and an HMD application-layer comprising a plurality of HMD applications) [Harris: col. 52, line 26-34]: track a position of at least one eye of the user based on a direction of the at least one eye of the user, or an orientation of the at least one eye of the user, or both (detected by one or more forward-facing cameras, a tapping on the device whose vibrations are detected by inertial or vibration sensors within the device, an audio cue such as a click or vocal command, such as "stop" "go" or "select", etc., or detection via the eye-tracking system, for instance detected gaze-direction and blink-detection, or any electronic signal from a different device to which a user has access, and with which the NR2I system is in communication) [Harris: col. 10, line 52-60].
Regarding claim 4, Harris meets the claim limitations as set forth in claim 1. Harris further meets the claim limitations as follow.
an actuator coupled to the camera assembly (image input from Camera 1560A) [Harris: col. 40, line 47; Fig. 14] and configured to adjust a pointing direction of the at least one sensor or a sensing orientation of the at least one sensor, or both ((image input from Camera 1560A. A user-initiated event such a as a Controller 2430 button-press or other input may be used to navigate from the default Camera view 2405 to the Menu view 2410) [Harris: col. 40, line 47-50; Fig. 14]; (the image sensors may be mechanically adjusted in imaging direction) [Harris: col. 15, line 10-11]).
Regarding claim 5, Harris meets the claim limitations as set forth claim 1. Harris further meets the claim limitations as follow.
wherein a portion of the anterior surface of the flexure comprises an aperture housing the camera assembly (Please see a hole that holds the camera 1415 in the middle of the HMD frame facing toward to the front of user in Fig. 14].
Regarding claim 6, Harris meets the claim limitations as set forth in claim 5. Harris further meets the claim limitations as follow.
wherein the aperture comprises an opening having an anterior surface (Please see a hole that holds the camera 1415 in the middle of the HMD frame facing toward to the front of user in Fig. 14] and the camera assembly (one or more cameras) [Harris: col. 7, line 63-64] is positioned in relation to the anterior surface (one or more forward-facing cameras) [Harris: col. 10, line 53; Please see camera 1415 facing toward to the front of user in Figs. 14, 19] to track the gaze direction of the user ((detected by one or more forward-facing cameras, a tapping on the device whose vibrations are detected by inertial or vibration sensors within the device, an audio cue such as a click or vocal command, such as "stop" "go" or "select", etc., or detection via the eye-tracking system, for instance detected gaze-direction and blink-detection, or any electronic signal from a different device to which a user has access, and with which the NR2I system is in communication) [Harris: col. 10, line 52-60]; (Eye-tracking subsystem 1935 for tracking the position of the user's eye and direction of the user's gaze) [Harris: col. 26, line 31-34]).
Regarding claim 7, Harris meets the claim limitations as set forth in claim 5. Harris further meets the claim limitations as follow.
wherein the anterior surface comprises a transparent material ((Wearable near-to-eye (NR2I) vision systems or NR2I displays are a class of wearable device that creates a display in front of the user's field of vision from an electronic display. The display may be transparent such that the viewer can view the external world and the projected electronic display simultaneously or opaque wherein the viewer may directly view the electronic display or a projected electronic display, depending on the application) [Harris: col. 1, line 19-26]; (See-through NR2I displays leave the user's view of the real world open and create either a transparent image or a small opaque image that blocks only a small portion of the user's peripheral vision. The seethrough category can be further broken down into two applications, augmented reality and smart glasses) [Harris: col. 1, line 37-42]).
Regarding claim 9, Harris meets the claim limitations as set forth in claim 1. Harris further meets the claim limitations as follow.
a controller configured to control an operating mode of the at least one sensor of the camera assembly ((an electronic processor to generate the images rendered to the user from data acquired with the one or more image sensors or from external sources) [Harris: col. 18, line 19-21]; (The image presented to the user may be processed by a processor associated with the NR2I HMD in order to enhance the user's visual processes by, for example, processing the image to address one or more visual defects of the user, augmenting aspects of the image and modifying or replacing portions of the image) [Harris: col. 8, line 15-20]).
Regarding claim 10, Harris meets the claim limitations as set forth in claim 1. Harris further meets the claim limitations as follow.
wherein an axis of rotation of the flexure of the head wearable apparatus is proximate to (wherein horizontal-axis hinges of a universal-joint and its range of motion accommodate varying bioptic viewing angles for a user) [Harris: col. 4, line 1-3; col. 3, line 62-65; Figs. 1, 3A-3B]: the anterior surface of the head wearable apparatus, the lens assembly of the head wearable apparatus, a focal plane associated with the lens assembly of the head wearable apparatus, or another location of the head wearable apparatus (each of the first universal joint and the second universal joint provide for motion in two degrees of freedom with respect to the head of the user; a first degree of freedom of the two degrees of freedom is rotational motion within a sagittal plane of the user; the second degree of freedom of the two degrees of freedom is rotational motion within an axial plane of the user; each of the first universal joint and the second universal joint are located proximal a first temple and a second temple of the user respectively when worn by the user; the first temple arm is extensible and comprises a first thumbwheel and a first track wherein the first thumbwheel interacts with the first track to translate the first universal joint at the second distal end of the first temple arm relative to the first end of the first temple arm; the second temple arm is extensible and comprises a second thumbwheel and a second track wherein the second thumbwheel interacts with the second track to translate the second universal joint at the second distal end of the second temple arm relative to the first end of the second temple arm;) [Harris: col. 51, line 1-24]).
Regarding claim 11, Harris meets the claim limitations as set forth in claim 1. Harris further meets the claim limitations as follow.
wherein the camera assembly is in electrical communication with one or more components of the head wearable apparatus via an electrical interface coupled to the flexure of the head wearable apparatus, the one or more components comprising a processor, a memory coupled with the processor, or both (As noted above in respect of FIG. 1 the NR2I HMD incorporates within the Display Assembly 102 not only the displays for rendering content to the user along with their associated optical trains but also an electronic processor to generate the images rendered to the user from data acquired with the one or more image sensors or from external sources, e.g. content accessed from a global communications network to which the NR2I HMD is in communication either directly or through an intermediate PED and/or FED. Further, the Display Assembly, e.g. Display Assembly 102 in FIG. 1, has an outer casing protecting these optical and electrical elements. However) [Harris: col. 18, line 16-27], wherein the electrical interface comprises a printed circuit board (Such devices may exploit associated silicon processing circuits) [Harris: col. 11, line 33-34].
Regarding claims 12 and 18, Harris meets the claim limitations as set forth in claims 1.Harris further meets the claim limitations as follow.
wherein the lens assembly ((Casing 1110 as depicted in FIG. 11E is repeated as FIG. 12A. Accordingly, FIG. 12B depicts the front face of the Casing 1110 as a discrete element from the viewing perspective of the user. Accordingly, Window 1210 represents 60 the image region within which the MicroDisplay 1120 is projected to the user's pupil via the Prism-Lens 1130. A portion of the Prism Lens 1130 may be covered by an opaque baffle 1220 in order to minimize stray light from corrupting the user's perception of the image. Similarly, 65 where the POD Casing 1110 and Core 1160 are implemented in opaque materials this further prevents stray light from entering other surfaces of the Prism-Lens 1130. FIGS. 12C) [Harris: col. 20, line 56-67; Figs. 11A-E]) is coupled to the frame (a near-to-eye (NR2I) head-mounted display (HMD) system comprising: a frame configured to encompass a head of a user; a first temple arm attached at a first end to a first side of the frame and configured to project forward along a first side of the head of the user; a second temple arm attached at a first end to a second side of the frame opposite the first side of the frame and configured to project forward along a second side of the head of the user opposite to the first side of the head of the user) [Harris: col. 2, line 34-44; Please see Figs. 1-16 for details] or the camera assembly (one or more forward-facing cameras) [Harris: col. 10, line 53; Please see camera 1415 facing toward to the front of user in Figs. 14, 19].
Regarding claim 17, Harris meets the claim limitations as set forth in claim 1. Harris further meets the claim limitations as follow.
a display system coupled to the lens assembly to output visual information within the gaze direction of the user (Further NR2I displays may provide information within the full visual field of view of the user or may alternatively provide information within part of the user's field of view) [Harris: col. 1, line 29-32].
Regarding claim 19, Harris meets the claim limitations, as follows:
A pair of wireless-enabled eyeglasses (a near-to-eye (NR2I) head-mounted display (HMD) system) [Harris: col. 2, line 34-35], comprising: a lens assembly ((Casing 1110 as depicted in FIG. 11E is repeated as FIG. 12A. Accordingly, FIG. 12B depicts the front face of the Casing 1110 as a discrete element from the viewing perspective of the user. Accordingly, Window 1210 represents 60 the image region within which the MicroDisplay 1120 is projected to the user's pupil via the Prism-Lens 1130. A portion of the Prism Lens 1130 may be covered by an opaque baffle 1220 in order to minimize stray light from corrupting the user's perception of the image. Similarly, 65 where the POD Casing 1110 and Core 1160 are implemented in opaque materials this further prevents stray light from entering other surfaces of the Prism-Lens 1130. FIGS. 12C) [Harris: col. 20, line 56-67; Figs. 11A-E]) including a lens module ((one or two lenses, prescription lenses, filters, polarizing elements, photochromic elements, electrochromic elements, etc.) [Harris: col. 7, line 58-60; Fig. 31]; (FIG. 31 depicts a free-form prism lens as may be used in HMDs) [Harris: col. 5, line 27-28; Fig. 31]) coupled to at least one surface of a frame of the pair of wireless-enabled eyeglasses (a near-to-eye (NR2I) head-mounted display (HMD) system comprising: a frame configured to encompass a head of a user; a first temple arm attached at a first end to a first side of the frame and configured to project forward along a first side of the head of the user; a second temple arm attached at a first end to a second side of the frame opposite the first side of the frame and configured to project forward along a second side of the head of the user opposite to the first side of the head of the user) [Harris: col. 2, line 34-44; Please see Figs. 1-16 for details]; and a camera assembly (one or more cameras) [Harris: col. 7, line 63-64] physically coupled to an anterior surface (one or more forward-facing cameras) [Harris: col. 10, line 53; Please see camera 1415 facing toward to the front of user in Figs. 14, 19] of a flexure of the frame ((the user's head width 210 is accommodated through flexure of the front portion 101A of the halo frame and the pair of tracks 115) [Harris: col. 17, line 5-7]; (a pair of pivotable temple arms 103 attached via first hinges 110 which are disposed along either side of the user's head and projecting forward) [Harris: col. 14, line 26-28]; (As noted above a thumb-wheel 120 engages in a track so that rotation of the thumbwheel causes translation between the first hinge 110 where the temple arm 103 is attached to the halo-frame and second hinge 111, where the temple arm 103 attaches to the Display Assembly 102 thereby extending and/or retracting each temple arm independently from each other and independent of any adjustment in respect of the overall dimensions of the halo frame.) [Harris: col. 19, line 46-54; Fig. 9]) of the pair of wireless-enabled eyeglasses (a near-to-eye (NR2I) head-mounted display (HMD) system comprising: a frame configured to encompass a head of a user; a first temple arm attached at a first end to a first side of the frame and configured to project forward along a first side of the head of the user; a second temple arm attached at a first end to a second side of the frame opposite the first side of the frame and configured to project forward along a second side of the head of the user opposite to the first side of the head of the user) [Harris: col. 2, line 34-44; Please see Figs. 1-16 for details], wherein the flexure is adjoining to the lens assembly ((the user's head width 210 is accommodated through flexure of the front portion 101A of the halo frame and the pair of tracks 115) [Harris: col. 17, line 5-7]; (the thumbwheel engages the first track and the second track such that rotation of the thumbwheel provides circumferential adjustment of the frame) [Harris: col. 51, line 62-64]; (Overall
circumference adjustment is provided by adjusting the length of the tracks exposed or deployed between the front portion 101A of the halo frame and the rear portion 101B of the halo frame. This being depicted by circumference adjustments 211 and is achieved by rotating the thumbwheel 112 within the front portion 101A of the halo frame. The Display Assembly 102 of the NR2I HMD is attached to the pair of temple arms 103 by dual-hinged universal joints, second hinges 111, the vertical axis hinges of which are identified as hinge elements 212. Accordingly, as the width of the halo frame adjusts then the dual hinged universal joints, second hinges 111, at the ends of the temple arms 103 where the Display Assembly 102 is attached adjust as do the angles of the pair of temple arms relative to the sagittal plane of the user) [Harris: col. 17, line 7-23; Figs. 1-16]), the camera assembly including a sensor ((detected by one or more forward-facing cameras, a tapping on the device whose vibrations are detected by inertial or vibration sensors within the device, an audio cue such as a click or vocal command, such as "stop" "go" or "select", etc., or detection via the eye-tracking system, for instance detected gaze-direction and blink-detection, or any electronic signal from a different device to which a user has access, and with which the NR2I system is in communication) [Harris: col. 10, line 52-60]; (An NR2I display may include a microprocessor together with any other associated electronics including, but not 25 limited to, memory, user input device, gaze tracking, inertial sensors, context determination, graphics processor, and multimedia content generator may be integrated for example with the NR2I, form part of an overall assembly with the NR2I, form part of the PED, or as discrete unit wirelessly connected to the NR2I and/or PED. Accordingly, for example, the NR2I displays may be coupled wired or wirelessly to the user's PED whereas within another embodiment the NR2I may be self-contained) [Harris: col. 8, line 23-33]) to track a gaze direction of a user wearing the pair of wireless-enabled eyeglasses (Eye-tracking subsystem 1935 for tracking the position of the user's eye and direction of the user's gaze) [Harris: col. 26, line 31-34].
Harris does not explicitly disclose the following claim limitations (Emphasis added).
a camera assembly physically coupled to an anterior surface of a flexure of the frame of the head wearable apparatus.
In the same field of endeavor Martin further discloses the claim limitations as follows:
a camera assembly physically coupled to an anterior surface of a flexure of the frame of the head wearable apparatus (Referring parenthetically to the blocks in FIG. 5,
method 500 provides capturing a first image of a wearer of an HMD as reflected by a first side of a reflective surface coupled to the HMD, at block 501. For example, a first camera, such as camera 106, may be placed to the left side of the face of an HMD user. Like previous examples, the first camera is directed toward a reflective surface or mirror which is attached to the front enclosure/plate of the HMD, such as reflective surface 102) [Martin: para. 0046; Fig. 1A].
It would have been obvious to one with an ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Harris with Martin to program the system to implement of Shih’s method.
Therefore, the combination of Harris with Martin will enable the system to improve obtaining of depth information, which assists in creating a three-dimensional (3D) image from the side-by-side stereo images. In addition, this the hardware design of HMD will be compact [Martin: para. 0013].
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Harris at al. (US Patent 12,332,455 B2), (“Harris”), in view of Martin et al. (US Patent Application Publication 2023/0316692 A1), (“Martin”), in view of Shih et al. (US Patent 11,269,184 B2), (“Shih”).
Regarding claim 8, Harris meets the claim limitations as set forth in claim 5. Harris further meets the claim limitations as follow.
wherein a size of the aperture is based on a size of the portion of the flexure of the head wearable apparatus in one or more dimensions including a direction and an orientation (Please see a hole that holds the camera 1415 in the middle of the HMD frame facing toward to the front of user in Fig. 14].
Harris and Martin do not explicitly disclose the following claim limitations (Emphasis added).
a size of the aperture is based on a size of the portion of the flexure of the head wearable apparatus in one or more dimensions including a direction and an orientation.
In the same field of endeavor Shih further discloses the claim limitations as follows:
a size of the aperture is based on a size of the portion of the flexure of the head wearable apparatus in one or more dimensions including a direction and an orientation (In the embodiment, according to manufacturer's design, the second F value of the lens module 340 is preset, i.e. the required incident angle 82 is learned, so that the aperture size of the aperture stop 355 may be adjusted to control a size of the third stop PA3, and the size of the third stop PA3 influences a magnitude of the cone angle 81 of the illumination beam IL incident to the display 330C. Namely, after the second F value of the lens module 340 is determined, a magnitude of the first F value of the illumination system 350C may be controlled through the aperture stop 355, such that the HMD device 300C may be complied with the condition that the first F value is greater than or equal to the second F value. In an embodiment, the aperture of the 60 aperture stop 355 may have a fixed aperture size, and through a design of the second F value of the lens module 340, the first F value of the illumination system 350C is designed to make the HMD device 300C to be complied with the condition that the first F value is greater than or equal to the second F value. In the embodiments of FIG. 15 and FIG. 16, the illumination systems 350A, 350B may also be adjusted according to the above method, such that the HMD devices 300A, 300B are complied with the condition that the first F value is greater than or equal to the second F value. Therefore, during the process that the user uses the HMD devices 300A, 300B, the ghost phenomenon of the image frame is mitigated or a phenomenon that the image frame becomes blurred is avoided) [Shih: col. 20, line 47 - col. 21, line 6].
It would have been obvious to one with an ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Harris and Martin with Shih to program the system to implement of Shih’s method.
Therefore, the combination of Harris and Martin with Shih will enable the system to mitigate the ghost phenomenon of the image frame and the phenomenon that the image frame becomes blurred is avoided [Shih: col. 20, line 47 - col. 21, line 6].
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Harris at al. (US Patent 12,332,455 B2), (“Harris”), in view of Martin et al. (US Patent Application Publication 2023/0316692 A1), (“Martin”), in view of Wang et al. (US Patent 10,713,804 B2), (“Wang”).
Regarding claim 13, Harris meets the claim limitations as set forth in claim 1. Harris further meets the claim limitations as follow.
wherein one or more camera sensors of an array of camera sensors of the camera assembly are coplanar (Common materials for optical detectors include silicon (Si), germanium (Ge), and indium gallium arsenide (InGaAs) which may be employed as photodiodes or phototransistors discretely, in linear arrays or two-dimensional (2D) arrays to form an "infra-red image sensor". Such devices may exploit associated silicon processing circuits or in the instances of CMOS or charge-coupled devices (CCDs) be formed integrally with the silicon circuits) [Harris: col. 11, line 28-36] – Note: Linear arrays or two-dimensional (2D) arrays are coplanar).
In the same field of endeavor Wang further discloses the claim limitations as follows:
wherein one or more camera sensors of an array of camera sensors of the camera assembly are coplanar (for each column of the sensor array, a geometric center of
a target surface of each ToF sensor in the column is located on the same line, wherein a distance between any two adjacent ToF sensors in the column meets a preset second distance requirement, and target surfaces of any two adjacent ToF sensors in the column are coplanar or parallel to each other) [Wang: col. 2, line 25-31]
It would have been obvious to one with an ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Harris and Martin with Wang to program the system to implement of Wang’s method.
Therefore, the combination of Harris and Martin with Wang will enable the system to a depth map with a large field of view [Wang: col. 3, line 57-67].
Regarding claim 14, Harris meets the claim limitations as set forth in claim 1. Harris further meets the claim limitations as follow.
wherein one or more camera sensors of an array of camera sensors of the camera assembly (plurality of image sensors) [Harris: col. 15, line 28-21] are non-coplanar.
Harris and Martin do not explicitly disclose the following claim limitations (Emphasis added).
non-coplanar.
In the same field of endeavor Wang further discloses the claim limitations as follows:
wherein one or more camera sensors of an array of camera sensors of the camera assembly are coplanar (In one embodiment of the present application, the at least
two ToF sensors are arranged on a preset sphere. Different ToF sensors are located at different locations on the preset sphere, as long as the practical requirement of the field of view can be satisfied) [Wang: col. 7, line 31-35]
It would have been obvious to one with an ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Harris and Martin with Wang to program the system to implement of Wang’s method.
Therefore, the combination of Harris and Martin with Wang will enable the system to a depth map with a large field of view [Wang: col. 3, line 57-67].
Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Harris at al. (US Patent 12,332,455 B2), (“Harris”), in view of Martin et al. (US Patent Application Publication 2023/0316692 A1), (“Martin”), in view of Sasaki et al. (US Patent 10,539,764 B2), (“Sasaki”).
Regarding claim 15, Harris meets the claim limitations as set forth in claim 1. Harris further meets the claim limitations as follow.
wherein a dimension of the at least one sensor of the camera assembly is different from a dimension of another sensor of the camera assembly (The foregoing disclosure of the exemplary embodiments of the present invention has been presented for purposes of illustration and description. It is not intended to be exhaustive or to limit the invention to the precise forms disclosed. Many variations and modifications of the embodiments described herein will be apparent to one of ordinary skill in the art in light of the above disclosure. The scope of the invention is to be defined only by the claims appended hereto, and by their equivalents. Such variations and modifications of the embodiments described herein includes that specific dimensions, variables, scaling factors, ratios, etc. may be varied within different limits or that these may be approximate rather than absolute) [Harris: col. 50, line 21-33]).
In the same field of endeavor Sasaki further discloses the claim limitations as follows:
wherein a dimension of the at least one sensor of the camera assembly is different from a dimension of another sensor of the camera assembly (In one embodiment, the digital image sensor 38 may be configured to have an aspect ratio of approximately 2.2: 1. In one embodiment, the digital image sensor 38 may be configured to have an aspect ratio of between approximately 1.33: 1 to 1.9: 1. In one embodiment, the digital image sensor may be configured to have an aspect ratio of between approximately a 1.9:1 aspect ratio to no greater than a 2.76:1 aspect ratio. In one embodiment, the heights and widths of the digital image sensor 38 may be combined or varied to different (greater or lesser) aspect ratios as desired. In one embodiment, greater than a 1.2:1 aspect ratio may be utilized. Large format digital image sensors 38 may be 35 utilized, however, in other embodiments, other formats of digital image sensors 38 may be used as desired (e.g., small formats for mobile electronic devices). The filter 44 may comprise a single layer or type of material, or multiple layers) [Sasaki: col. 2, line 23-38].
It would have been obvious to one with an ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Harris and Martin with Sasaki to program the system to implement of Sasaki’s method.
Therefore, the combination of Harris and Martin with Sasaki will enable the system to provide for improved anamorphic systems for use with digital camera systems [Sasaki: col. 1, line 28-30].
Regarding claim 16, Harris meets the claim limitations as set forth in claim 1. Harris further meets the claim limitations as follow.
an array of camera sensors, wherein a height of the array of camera sensors is greater than a width of the array of camera sensors, or wherein the width of the array of camera sensors is greater than the height of the array of camera sensors (The foregoing disclosure of the exemplary embodiments of the present invention has been presented for purposes of illustration and description. It is not intended to be exhaustive or to limit the invention to the precise forms disclosed. Many variations and modifications of the embodiments described herein will be apparent to one of ordinary skill in the art in light of the above disclosure. The scope of the invention is to be defined only by the claims appended hereto, and by their equivalents. Such variations and modifications of the embodiments described herein includes that specific dimensions, variables, scaling factors, ratios, etc. may be varied within different limits or that these may be approximate rather than absolute) [Harris: col. 50, line 21-33]).
In the same field of endeavor Sasaki further discloses the claim limitations as follows:
an array of camera sensors, wherein a height of the array of camera sensors is greater than a width of the array of camera sensors, or wherein the width of the array of camera sensors is greater than the height of the array of camera sensors (In one embodiment, the digital image sensor 38 may be configured to have an aspect ratio of approximately 2.2: 1. In one embodiment, the digital image sensor 38 may be configured to have an aspect ratio of between approximately 1.33: 1 to 1.9: 1. In one embodiment, the digital image sensor may be configured to have an aspect ratio of between approximately a 1.9:1 aspect ratio to no greater than a 2.76:1 aspect ratio. In one embodiment, the heights and widths of the digital image sensor 38 may be combined or varied to different (greater or lesser) aspect ratios as desired. In one embodiment, greater than a 1.2:1 aspect ratio may be utilized. Large format digital image sensors 38 may be 35 utilized, however, in other embodiments, other formats of digital image sensors 38 may be used as desired (e.g., small formats for mobile electronic devices). The filter 44 may comprise a single layer or type of material, or multiple layers) [Sasaki: col. 2, line 23-38].
It would have been obvious to one with an ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Harris and Martin with Sasaki to program the system to implement of Sasaki’s method.
Therefore, the combination of Harris and Martin with Sasaki will enable the system to provide for improved anamorphic systems for use with digital camera systems [Sasaki: col. 1, line 28-30].
Reference Notice
Additional prior arts, included in the Notice of Reference Cited, made of record and not relied upon is considered pertinent to applicant's disclosure.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee 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 date of this final action.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Philip Dang whose telephone number is (408) 918-7529. The examiner can normally be reached on Monday-Thursday between 8:30 am - 5:00 pm (PST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sath Perungavoor can be reached on 571-272-7455. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Philip P. Dang/Primary Examiner, Art Unit 2488
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