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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/3/2026 has been entered.
Response to Amendment
This office action is in response to the communications filed 2/3/2026 and 3/3/2026.
Amendments to claims 1, 14, and 18, filed 3/3/2026, are acknowledged and accepted.
Newly submitted claims 19-20, filed 3/3/2026, are acknowledged and accepted.
Response to Arguments
On pgs. 12-13 of the Remarks, filed 3/3/2026, Applicant's arguments with respect to claims 1, 14, and 18 have been fully considered but are moot because the Applicant is arguing newly amended claims, filed 3/3/2026, not the Non-Final Rejection, filed 3/3/2026. Newly amended claims are argued below.
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 1-13 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 claim 1, following the recent amendment lines 3-5 recite
“acquiring a first electrostatic charge variation signal contactlessly through […] a first electrostatic charge variation sensor of the glasses”
while lines 7-8 recite
“the glasses comprising a first electrostatic charge variation sensor to acquire the first electrostatic charge variation signal”
the latter being clearly redundant due to the prior – while also overloading “a first electrostatic charge variation sensor” with multiple introductions, causing ambiguity as to whether each “first electrostatic charge variation sensor” refers to a common object or distinct ones. For examination purposes, each “first electrostatic charge variation sensor” is understood to refer to a single object as in earlier rounds of prosecution.
Regarding claims 19 and 20, lines 1-3 of each claim recite
“wherein the computer readable media includes instructions, when executed by the controller, that perform the method further comprising:”
despite claim 18 already establishing
“wherein the computer readable media includes instructions, when executed by the controller, that perform the following method:”
which causes generates confusion by repeatedly introducing apparently new instructions in each claim. Examiner suggests revising claims 19-20 to read
“wherein the instructions, when executed by the controller, perform the method which further comprises:”
or similar.
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.
Claims 1-3, 7-9, 11, 13-14, 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Zakharov et al (EP 3760116 A1, hereinafter “Zakharov”) in view of Matthies et al (NPL entitled CapGlasses: Untethered Capacitive Sensing with Smart Glasses, hereinafter “Matthies”)
Regarding claims 1, 14, and 18, Zakharov discloses (see FIGs.1-2, ¶s 25-33) a method for detecting an activity of a first eye (eye 4) of a user using glasses, the method comprising:
acquiring a first electrostatic charge variation signal (“detection signal”) through a first electrode (2) and a second electrode (3) of a first electrostatic charge variation sensor (eye blink sensor 1) of the glasses, the first electrostatic charge variation signal (“detection signal”) indicative of a difference (“voltage drop”) between electrostatic charge variations (i.e. varying electric potentials) detected by the first and the second electrodes (2 and 3), the glasses comprising a first electrostatic charge variation sensor (eye blink sensor 1) to acquire the first electrostatic charge variation signal (“detection signal”), the first electrode (2) and the second electrode (3) being spaced from each other, each facing the first eye (eye 4), the first electrode (2) being configured to be electrostatically coupled to the first eye (eye 4) without physical contact with the user to detect respective electrostatic charge variations (i.e. electric potentials) generated by a blink of the first eye (eye 4);
obtaining, at a controller (measurement unit 12 with processing unit 13), the first electrostatic charge variation signal (“detection signal”) from the first electrostatic charge variation sensor (eye blink sensor 1);
(see ¶ 32: “The measurement unit 12 is configured to measure an electrical voltage drop between first electrode 2 and the second electrode 3 and to generate a detection signal based on the voltage drop… such as a time-dependent function of a voltage drop”)
verifying, by the controller (measurement unit 12 with processing unit 13), a presence of one or more blink patterns (“blinking parameters”) in the first electrostatic charge variation signal (“detection signal”), each blink pattern (“blinking parameter”) being indicative of a respective click or of a respective blink, the click being a voluntary blink of the first eye (eye 4) and the blink being an involuntary blink of the first eye (eye 4) (see ¶ 33: “The processing unit [13] is configured to determine a blinking parameter associated with the eye 4, based on the detection signal(s). The blinking parameter is one of, or statistics of, a blinking frequency, a blinking pattern… a detection of a voluntary blink, and a detection of a spontaneous [i.e. involuntary] blink”);
when the first electrostatic charge variation signal (“detection signal”) has the one or more blink patterns (“blinking parameters”), determining, by the controller (measurement unit 12 with processing unit 13) for each blink pattern (“blinking parameter”), whether a first condition is verified;
when the first condition is not verified, detecting, by the controller (measurement unit 12 with processing unit 13), a respective blink; and
when the first condition is verified, detecting, by the controller (measurement unit 12 with processing unit 13), a respective click.
(Examiner notes that whether a “first condition” is verified or not simply corresponds to whether voluntary blinks (clicks) have been detected or not. Zakharov thus discloses steps C-E above, as they separately disclose detection of both voluntary and incomplete/involuntary/spontaneous blinks in ¶ 33, as cited above. Zakharov further discusses how (electrodynamic) measurements and signals may be analyzed to discern between voluntary and involuntary blinks – see ¶s 47-55 and FIGs. 6-8.)
Zakharov does not disclose:
contactlessly detecting an activity of a first eye
the first electrode and the second electrode being fixed to a frame of the glasses
each of the first and second electrodes being configured to be electrostatically coupled to the first eye without physical contact with the user
Zakharov and Matthies commonly relate to electrooculography.
Matthies discloses (see FIGs. 2-4, secs. 3-4):
contactlessly detecting an activity of a first eye (sec. 3: “Capacitive Sensing (CapSense) can be useful for proximity sensing”. Note also sec. 1: “we demonstrate a wearable solution to sense facial expressions and head gestures by untethered [i.e. contactless] CapSense technology”. See also FIG. 1 – among the Detectable Facial Expressions are eye-winks.)
the first electrode and the second electrode being fixed to a frame of the glasses (sec. 3.2: “Electrodes can be incorporated into glass frames”)
each of the first and second electrodes being configured to be electrostatically coupled (i.e. capacitively coupled) to the first eye without physical contact with the user (sec. 3.4 – “our interest to investigate a hardware configuration that can be truly mobile without being tethered to an external ground and thus would be hardware-wise self-contained”; sec. 4.1.2: “we do not need to attach a reference electrode”)
It would have therefore been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to combine teachings of Zakharov and Matthies, in order to achieve untethered, self-contained capacitive sensing to overcome limitations of more traditional methods that are prone to interference, limited for mobile use, etc. (Matthies sec. 1, 3.3-3.34).
Further regarding claim 14, Zakharov discloses the glasses and frame (stem 19) and lenses (lens 10) attached to the frame (stem 19) (see FIGs. 1-2)
Further regarding claim 18, Zakharov discloses a non-transitory computer readable media (“program storage medium”) loadable into the controller (measurement unit 12 with processing unit 13) (see ¶ 23).
Regarding claims 2 and 19, modified Zakharov discloses the method according to claim 1 and the non-transitory computer readable media according to claim 18.
Zakharov also discloses the method further comprising, when the first condition is not verified (i.e. when voluntary blinking is not detected):
determining, by the controller (measurement unit 12 with processing unit 13) and as a function of the one or more blink patterns (“blinking parameters”) of the first electrostatic charge variation signal (“detection signal”), an Inter-Eye blink interval (IEBI) parameter indicative of a blink frequency (refer again to ¶ 33: “The processing unit [13] is configured to determine a blinking parameter… The blinking parameter is one of, or statistics of, a blinking frequency, … an inter-blink interval, …”; thus Zakharov’s blinking parameter encompasses both blinking frequencies and inter-(eye )blink intervals. Examiner notes further that since frequencies and intervals (of time, i.e. periods) are simply inverse to one another, methods which employ either metric and differing only in this manner are equivalent to one another);
verifying, by the controller (measurement unit 12 with processing unit 13), whether the IEBI parameter (“blinking parameter”) is greater than an IEBI threshold value (“pre- blinking parameter”) (see ¶ 22: “The determined blinking parameter may be compared with predetermined blinking parameters…”; see also ¶ 56 for exemplary discussion on comparing determined and predetermined blinking frequencies (for spontaneous/involuntary blinks));
when the IEBI parameter (“blinking parameter”) is greater than the IEBI threshold value (“predetermined blinking parameter”), detecting a first activity of the first eye (eye 4), correlated to a lower attention level of the user; and
when the IEBI parameter (“blinking parameter”) is not greater than the IEBI threshold value (“predetermined blinking parameter”), detecting a second activity of the first eye (eye 4), correlated to a higher attention level of the user.
(Regarding steps C and D above, Examiner again refers to ¶ 56; here the blinking parameter is taken to be a blinking frequency. Zakharov discusses how frequencies may be determined and compared with other predetermined frequencies in order to detect activity associated with certain eye events/states, and that action may be taken based on such eye states (e.g. by outputting warning/trigger signals when detecting activity related to dry eye, tiredness, …). Note here that while Zakharov mentions a case of “low blinking frequency” – which establishes the general notion of threshold values – Zakharov also discusses, in ¶ 20, how detection signals may be compared to “reference signals describing a threshold value…”. Examiner lastly reemphasizes that, per ¶ 33, Zakharov’s blinking parameter broadly encompasses other metrics of eye activity (e.g. inter-blink intervals) which may be determined/detected/analyzed instead of blinking frequencies.)
Regarding claim 3, modified Zakharov discloses the method according claim 2.
Zakharov further discloses wherein, when the first condition is not verified (i.e. when voluntary blinking is not detected), determining the IEBI parameter (“blinking parameter”) comprises calculating a blink time distance ( “inter-blink interval”) between two consecutive blink patterns of the first electrostatic charge variation signal (“detection signal”), each blink pattern defining a respective blink. (Examiner again notes that Zakharov’s inter-blink interval simply corresponds to the blinking frequency’s inverse, and that both are encompassed by Zakharov’s blinking parameter; see ¶ 33. Refer also to ¶ 56 regarding spontaneous/involuntary blink frequencies.)
Regarding claim 7, modified Zakharov discloses the method according to claim 1.
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[AltContent: textbox (FIG. 5 of Zakharov is annotated to highlight the peaks and baseline)]Zakharov further discloses (see FIG. 5, annotated below) wherein verifying the presence of the one or more blink patterns (“blinking parameters”) in the first electrostatic charge variation signal (“detection signal”) comprises identifying, for each blink pattern (“blinking parameter”), a first peak and a second peak in a blink period, the first peak and the second peak having signs opposite to each other with respect to a baseline of the first electrostatic charge variation signal (“detection signal”) and forming the blink pattern (“blinking parameter”)
Regarding claim 8, modified Zakharov discloses the method according to claim 1.
Zakharov further discloses (see ¶s 49-50, annotated FIG. 7 below) wherein detecting the blink comprises generating a blink signal with a first value indicative of the blink detection, and wherein detecting the click comprises generating the blink signal with a second value indicative of the click detection.
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[AltContent: textbox (FIG. 7 of Zakharov is annotated to highlight various features)]
Regarding claim 9, modified Zakharov discloses the method according to claim 1.
Zakharov further discloses wherein acquiring the first electrostatic charge variation signal (“detection signal”) comprises:
acquiring respective detection signals through the first and second electrodes (2 and 3), each detection signal being indicative of the electrostatic charge variations (i.e. varying electric potentials) on the respective first electrode (2) or the respective second electrode (3) (see again ¶ 32: “The detection signal may correspond to a time-dependent measurement… such as a time-dependent function of a voltage drop between two electrodes”); and
calculating a difference between the detection signals (“voltage drop”), and comprises at least one of the following:
filtering the difference (“voltage drop”) between the detection signals (see FIGs. 6-7 and ¶s 47-48 on the filtering of noise from Zakharov’s detection signals –corresponding to Applicant’s first electrostatic charge variation signal and plotting voltage drops as a function of time. The 50 Hz frequency component is removed); and
removing an offset of the difference (“voltage drop”) between the detection signals (see also ¶ 34 regarding offset unit 14 for offsetting detection signals).
Regarding claim 11, modified Zakharov discloses the method according to claim 1.
Zakharov further discloses wherein the first condition is verified (i.e. wherein voluntary blinking is detected) when the respective blink pattern (“blinking parameters”) has a time duration greater than a click threshold period. (See ¶ 55; the timing/duration of peaks detected in detection signals may be used to obtain blinking speeds and determine whether a blink is spontaneous (“fast movement”) or voluntary (“slower movement”), which establishes a click threshold period. See also ¶ 20, where Zakharov discusses how detection signals may be compared to “reference signals describing a threshold value…”.)
Regarding claim 13, modified Zakharov discloses the method according to claim 1.
Zakharov also discloses the method further comprising controlling, as a function of the detected activity of the first eye (eye 4), one or more functionalities of the glasses or of an apparatus operatively coupled to the glasses (see ¶ 56 describing how if activity associated with, e.g., dry eye or tiredness is detected, warning/trigger signals may be output).
Claims 4-6, 10, 12, 15-17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Zakharov in view of Matthies, as applied to claims 1, 2, 14, and 18 above, and in further view of Komaki (US 20170150897) .
Regarding claim 4, modified Zakharov discloses the method according to claim 2.
Zakharov further discloses (see FIGs.1-2, ¶s 25-33) wherein, when the first condition is not verified (i.e. when detected blinking is not voluntary), determining the IEBI parameter (“blinking parameter”) comprises calculating a blink time distance (“inter-blink interval”) between two consecutive pairs of blink patterns of the first electrostatic charge variation signal (“detection signal”).
Modified Zakharov does not disclose a further first electrostatic charge variation signal, each pair of blink patterns of the first electrostatic charge variation signal and of the further first electrostatic charge variation signal defining a respective blink. (Examiner notes instead that Zakharov disclosure only explicitly mentions blink detection and blink patterns and charge variation signals for one eye.)
Zakharov and Komaki commonly relate to blink-detecting ocular devices.
Komaki discloses a further first electrostatic charge variation signal, each pair of blink patterns of the first electrostatic charge variation signal and of the further first electrostatic charge variation signal defining a respective blink. (Komaki discloses ocular action/eye-motion detection for activity involving both eyes, see FIGs. 1-2 and ¶s 38-43; see also FIG. 11 and ¶s 79-105 showing signal waveforms for different types of eye activity, including eye blinks.)
It would have therefore been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to further modify Zakharov with aspects of Komaki’s electrooculographic device/methods, in order to track user eye movement in addition
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[AltContent: textbox (FIG. 1 of Zakharov is annotated to highlight various features. In the left panel, the original figure, Zakharov’s reference numerals and labels are used. In the right panel, Zakharov’s three third electrodes 9 are identified with Applicant’s third, fourth, fifth, and sixth electrodes.)]to blinking activity (Komaki ¶s 41-43)
Regarding claim 5, modified Zakharov discloses the method according to claim 2.
Zakharov further discloses (see FIGs. 1-2, FIG. 1 annotated above, and ¶s 25-33):
wherein the glasses comprise a first lens (lens 10) facing the first eye (eye 4),
wherein the glasses comprise a second electrostatic charge variation sensor (eye blink sensor 1) including a third electrode and a fourth electrode (third electrodes 9, of which three are shown in the annotated FIG. 1 above) spaced from each other, facing the first eye (eye 4) and configured to detect the respective electrostatic charge variations (i.e. varying electric potentials) generated by a movement of an eyeball of the first eye (eye 4), the first and second electrodes (2 and 3) being radially external with respect to the third and fourth electrodes (third electrodes 9) and with respect to a center of the first lens (lens 10), and
wherein the controller (measurement unit 12 with processing unit 13) is further coupled to the third and fourth electrodes (third electrodes 9), and
wherein the method further comprises:
acquiring, by the controller (measurement unit 12 with processing unit 13) and through the third and fourth electrodes (third electrodes 9), a second electrostatic charge variation signal (“detection signal”);
when the one or more single peaks are not present in the second electrostatic charge variation signal (“detection signal”), determining the IEBI parameter (“blinking parameter”) (Examiner notes that the single peaks correspond to non-blinking motion, as discussed more below; since Zakharov discloses only on blinking motion, determination of blinking parameters will always occur in the absence of single peaks).
Modified Zakharov does not disclose
movement of an eyeball of the first eye in an absence of the blink of the first eye
wherein the method further comprises:
the second electrostatic charge variation signal indicative of a difference between the electrostatic charge variations detected by the third and fourth electrodes;
when the first condition is verified, verifying, by the controller, a presence of one or more single peaks in the second electrostatic charge variation signal, each single peak being a respective peak of the second electrostatic charge variation signal not forming part of any blink pattern and being indicative of a respective movement of the eyeball of the first eye in the absence of blink of the first eye;
when the one or more single peaks are present in the second electrostatic charge variation signal, determining an orientation of each of the single peaks with respect to a baseline of the second electrostatic charge variation signal;
for each of the one or more single peaks in the second electrostatic charge variation signal, verifying whether the orientation is a predefined orientation;
for each of the one or more single peaks in the second electrostatic charge variation signal, when the respective orientation is the predefined orientation, detecting a fifth activity of the first eye, indicative of a first movement of the first eye; and
for each of the one or more single peaks in the second electrostatic charge variation signal, when the respective orientation is not the predefined orientation, detecting a sixth activity of the first eye, indicative of a second movement of the first eye opposite to the first movement.
Zakharov and Komaki commonly relate to blink-detecting ocular devices.
Komaki discloses (see FIGs. 1-2 and ¶s 38-43):
movement of an eyeball of the first eye in an absence of the blink of the first eye (Note: using similar electrooculographic principles as Zakharov, Komaki arranges electrodes in proximity to the user’s eyes in order to monitor eye activity by measuring induced electric potentials, this activity is not only limited to blinking as in Zakharov disclosure, however, but also extends to general eye movement including gaze direction. Komaki further discloses how signals generated by such general eye movements can be distinguished from signals caused by blinking)
wherein the method further comprises (see also the annotated FIG. 11 below):
the second electrostatic charge variation signal indicative of a difference between the electrostatic charge variations detected by the third and fourth electrodes (151a and 151b, their difference corresponding to Ch1 in FIG. 11) (Note: unlike Zakharov, who only discloses the measuring of electric potentials of each electrode with respect to that of the second electrode 3 (see Zakharov ¶ 32), Komaki measures potential drops between different pairs of electrodes to detect different types of eye movement besides blinking);
when the first condition is verified (i.e. when voluntary blinking is detected), verifying, by the controller (data processor 11), a presence of one or more single peaks in the second electrostatic charge variation signal (in Ch1), each single peak being a respective peak of the second electrostatic charge variation signal (in Ch1) not forming part of any blink pattern (as shown in the annotated FIG. 11 below) and being indicative of a respective movement (“Leftward eye movement”, “Rightward eye movement”) of the eyeball of the first eye in the absence of blink of the first eye;
when the one or more single peaks are present in the second electrostatic charge variation signal (in Ch1), determining an orientation (i.e. “signal waveforms”) of each of the single peaks with respect to a baseline (i.e. waveforms for periods devoid of eye activity) of the second electrostatic charge variation signal (in Ch1);
for each of the one or more single peaks in the second electrostatic charge variation signal (in Ch1), verifying whether the orientation (“signal waveforms”) is a predefined orientation (“signal waveform”, predefined in that each type of eye activity is associated with a distinguishing waveform, though that which corresponds to “Leftward eye movement” in FIG. 11 may freely be chosen as a particular predefinition);
for each of the one or more single peaks in the second electrostatic charge variation signal (in Ch1), when the respective orientation (“signal waveform”) is the predefined orientation (“signal waveform”), detecting a fifth activity of the first eye, indicative of a first movement (“Leftward movement”) of the first eye; and
for each of the one or more single peaks in the second electrostatic charge variation signal (in Ch1), when the respective orientation (“signal waveform”) is not the predefined orientation (“signal waveform”), detecting a sixth activity of the first eye, indicative of a second movement (“Rightward movement”) of the first eye opposite to the first movement (“Leftward movement”).
(As noted in ¶s 40-43 different types of eye movements may be distinguished based on their associated signal waveforms. See also FIG. 19 and ¶s 154-163 regarding data processor 11 which receives the signals measured from electrodes 151a and 151b and is also responsible for processing and interpreting these waveforms, as well as executing instructions based on its analysis.)
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[AltContent: textbox (FIG. 11 of Komaki is annotated to highlight various areas.)]
It would have therefore been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to further modify Zakharov with aspects of Komaki’s electrooculographic device/methods, in order to track user eye movement in addition to blinking activity (Komaki ¶s 41-43).
Regarding claims 6 and 20, modified Zakharov discloses the method according to claim 1 and the non-transitory computer readable media according to claim 18.
Zakharov also discloses the method further comprising when the first condition is verified (i.e. when voluntary blinking is detected):
determining, by the controller (measurement unit 12 with processing unit 13), as a function of the blink patterns (“blinking parameters”) of the first electrostatic charge variation signal (“detection signal”) and for each pair of detected and consecutive clicks, a respective click time distance (“inter-blink interval”) between the clicks of the pair of clicks;
verifying, by the controller (measurement unit 12 with processing unit 13) and for each click time distance, whether the click time distance (“inter-blink interval”) is less than a click threshold distance.
Modified Zakharov does not disclose:
when the click time distance is less than the click threshold distance, detecting a third activity of the first eye indicative of a double click of the first eye; and
when the click time distance is not less than the click threshold distance, detecting a fourth activity of the first eye indicative of a single click of the first eye.
Zakharov and Komaki commonly relate to blink-detecting ocular devices.
Komaki discloses:
when the click time distance is less than the click threshold distance, detecting a third activity of the first eye indicative of a double click of the first eye;
when the click time distance is not less than the click threshold distance, detecting a fourth activity of the first eye indicative of a single click of the first eye.
(See ¶s 142-143, describing different instances of users issuing instructions to data processor 11 to control external devices such as cameras. Different instructions may be given by performing, e.g., two or three blinks within one second, which establishes a (click) threshold (distance) of 0.5 or 0.333… seconds, respectively. See also FIG. 11, annotated above, where waveforms of signals produced by different types of eye activity are identified/detected, including those distinguished for one, two, and three blinks/clicks.)
It would have therefore been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to further modify Zakharov with aspects of Komaki’s electrooculographic device/methods, in order to track user eye movement in addition to blinking activity (Komaki ¶s 41-43).
Regarding claim 10, modified Zakharov discloses the method according to claim 1.
Modified Zakharov does not disclose wherein the glasses further comprise at least one accelerometer and at least one gyroscope coupled to the controller, and wherein the method further comprises:
acquiring, by the controller and through the at least one gyroscope, one or more angular velocity signals indicative of respective angular velocities correlated to a movement of a user's head;
acquiring, by the controller and through the at least one accelerometer, one or more linear acceleration signals indicative of respective linear accelerations correlated to the movement of the user's head; and
verifying, by the controller and as a function of the one or more angular velocity signals and of the one or more linear acceleration signals, whether the movement of the user's head is present.
Zakharov and Komaki commonly relate to blink-detecting ocular devices.
Komaki discloses (see FIGs. 18-19, ¶s 156-159) wherein the glasses (eyewear 100) further comprise at least one accelerometer and at least one gyroscope coupled to the controller (data processor 11) (¶s 157-158: “the data processor [11] includes, for example, … sensor lie … The sensor lie includes a sensor group [11e] … Specifically, the sensor group [11e] includes an acceleration sensor …, gyroscope …”), and wherein the method further comprises:
acquiring, by the controller (data processor 11) and through the at least one gyroscope, one or more angular velocity signals indicative of respective angular velocities correlated to a movement of a user's head (to which eyewear 100 is mounted) (Examiner notes that gyroscopes, such as that included in the integral circuit of Zakharov’s data processor 11, are generally instruments which measure angular velocity);
acquiring, by the controller (data processor 11) and through the at least one accelerometer (“acceleration sensor which detects movement along three-axes (x, y, z)”), one or more linear acceleration signals indicative of respective linear accelerations correlated to the movement of the user's head (to which eyewear 100 is mounted);
verifying, by the controller (data processor 11) and as a function of the one or more angular velocity signals and of the one or more linear acceleration signals, whether the movement of the user's head is present (“The sensor lie includes a sensor group [11e] to detect position and/or direction of the eyewear 100”, eyewear 100 being mounted to the user’s head).
(See also ¶ 159 reciting the various components of data processor 11, including the sensor lie’s sensor group 11e as well as an ADC (analog-to-digital converter) for processing of sensor signals.)
It would have therefore been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to further modify Zakharov with aspects of Komaki’s electrooculographic device/methods, in order to track user eye movement in addition to blinking activity (Komaki ¶s 41-43).
Regarding claim 12, modified Zakharov discloses the method according to claim 1.
Zakharov further discloses wherein the glasses comprise a first electrostatic charge variation sensor (eye blink sensor 1) including a first electrode (2) and a second electrode (3) spaced from each other, facing a first eye (eye 4) of the user and configured to detect respective electrostatic charge variations (i.e. varying electric potentials) generated by a blink of the first eye (eye 4), the controller (measurement unit 12 with processing unit 13) being further coupled to the first and second electrodes (2 and 3) of the first electrostatic charge variation sensor (eye blink sensor 1), the method comprising:
acquiring, by the controller (measurement unit 12 with processing unit 13) and through the first and second electrodes (2 and 3) of the first electrostatic charge variation sensor (eye blink sensor 1), a first electrostatic charge variation signal (“detection signal”) indicative of a difference (“voltage drop”) between the electrostatic charge variations (i.e. varying electric potentials) detected by the first and second electrodes (2 and 3) of the first electrostatic charge variation sensor (eye blink sensor 1);
verifying, by the controller (measurement unit 12 with processing unit 13), a presence of one or more respective blink patterns (“blinking parameters”) in the first electrostatic charge variation signal (“detection signal”); and
wherein the first condition is verified (i.e. wherein voluntary blinking is detected) when, for each pair of consecutive blink patterns of the first electrostatic charge variation signal, a relative time distance between the blink patterns of the pair of blink patterns is greater than a first threshold period. (See ¶ 55; the timing of peaks detected in detection signals may be used to obtain blinking speeds and determine whether a blink is spontaneous (“fast movement”) or voluntary (“slower movement”), which establishes a first threshold period. See also ¶ 20, where Zakharov discusses how detection signals may be compared to “reference signals describing a threshold value…”.)
(Elements A-B having been previously established in regards to claim 1 above.)
Modified Zakharov does not disclose:
a further first electrostatic charge variation sensor
a further first electrostatic charge variation signal
a respective first electrode and a respective second electrode
a second eye.
Zakharov and Komaki commonly relate to blink-detecting ocular devices.
Komaki discloses
a further first electrostatic charge variation sensor
a further first electrostatic charge variation signal
a respective first electrode and a respective second electrode
a second eye.
(Note Komaki discloses ocular action/eye-motion detection apparatus accommodating both eyes; see FIGs. 1-2 and ¶s 38-43. Note also the symmetry of the ocular arrangement.)
It would have therefore been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to further modify Zakharov with aspects of Komaki’s electrooculographic device/methods, in order to track user eye movement in addition to blinking activity (Komaki ¶s 41-43).
Regarding claim 15, modified Zakharov discloses the glasses according to claim 14.
Zakharov also discloses the glasses further comprising (see FIGs.1-2, FIG. 1 annotated above, and ¶s 25-33):
a second electrostatic charge variation sensor (eye blink sensor 1) including a third electrode and a fourth electrode (third electrodes 9, of which three are shown in the annotated FIG. 1 above) spaced from each other and with respect to the first and second electrodes (2 and 3), facing the first eye (eye 4) of the user and configured to detect respective electrostatic charge variations (i.e. varying electric potentials) generated by a movement of an eyeball of the first eye (eye 4), the first and second electrodes (2 and 3) of the first electrostatic charge variation sensor (eye blink sensor 1) being radially external with respect to the third and fourth electrodes (third electrodes 9) of the second electrostatic charge variation sensor (eye blink sensor 1) and with respect to a center of a first lens (lens 10),
wherein the controller (measurement unit 12 with processing unit 13) is further coupled to the third and fourth electrodes (third electrodes 9) of the second electrostatic charge variation sensor (eye blink sensor 1).
Modified Zakharov does not disclose movement of an eyeball of the first eye in the absence of blink of the first eye.
Zakharov and Komaki commonly relate to blink-detecting ocular devices.
Komaki discloses (see FIGs. 1-2 and ¶s 38-43) movement of an eyeball of the first eye in the absence of blink of the first eye. (Using similar electrooculographic principles as Zakharov, Komaki arranges electrodes in proximity to the user’s eyes in order to monitor eye activity by measuring induced electric potentials, this activity is not only limited to blinking as in Zakharov disclosure, however, but also extends to general eye movement including gaze direction. Komaki further discloses how signals generated by such general eye movements can be distinguished from signals caused by blinking)
It would have therefore been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to further modify Zakharov with aspects of Komaki’s electrooculographic device/methods, in order to track user eye movement in addition to blinking activity (Komaki ¶s 41-43).
Regarding claim 16, modified Zakharov discloses the glasses according to claim 15.
Zakharov also discloses the glasses further comprising (see FIGs.1-2, FIG. 1 annotated above, and ¶s 25-33):
a third electrostatic charge variation sensor (eye blink sensor 1) including a fifth electrode and a sixth electrode (third electrodes 9, of which three are shown in annotated FIG. 1 above) which are spaced from each other and with respect to the first (2), second (3), third and fourth electrodes (third electrodes 9), facing the first eye (eye 4) and configured to detect respective electrostatic charge variations (i.e. varying electric potentials) generated by the movement of the eyeball of the first eye (eye 4), the fifth and sixth electrodes (third electrodes 9) being radially internal with respect to the first and second electrodes (2 and 3) and with respect to the center of the first lens (lens 10),
wherein the controller is further coupled to the fifth and sixth electrodes (third electrodes 9) of the third electrostatic charge variation sensor (eye blink sensor 1).
(Note that the three third electrodes 9 shown in annotated FIG. 1 are merely exemplary, and Zakharov more generally recites a plurality of third electrodes in vertical alignment/displacement with/from one another (¶ 29) which may admit additional third electrodes. Thus, besides the two outermost electrodes identified with Applicant’s third and fourth electrodes in annotated FIG. 1 above, those which may further be added and are located in a radially internal region are also identified and correspond to Applicant’s fifth and sixth electrodes.)
Komaki further discloses:
movement of the eyeball of the first eye in the absence of blink of the first eye (as established above regarding claim 15, Komaki’s discloses detection of general eye movements, or gaze direction, in addition to blinking activity; see FIGs. 1-2 and ¶s 38-43)
the fifth (151a) and sixth electrodes (151b) being angularly rotated with respect to the third and fourth electrodes around the center of the first lens (see FIGs. 1-2 with electrodes 151(a,b) and 152(a,b) distributed around the periphery of each eye, as if angularly rotated about the eye center. See also any one of FIGs. 3-7 for other electrode arrangements).
Regarding claim 17, modified Zakharov discloses the glasses according to claim 14.
Zakharov further discloses (see FIGs.1-2, ¶s 25-33) the glasses comprising: a first electrostatic charge variation sensor (eye blink sensor 1) including a first electrode (2) and a second electrode (3) spaced from each other, facing a first eye (eye 4) of the user and configured to detect respective electrostatic charge variations (i.e. varying electric potentials) generated by a blink of the first eye (eye 4), the controller (measurement unit 12 with processing unit 13) being coupled to the first and second electrodes (2 and 3) of the first electrostatic charge variation sensor (eye blink sensor 1).
(All recited elements having been previously established in regards to claim 14 above.)
Modified Zakharov does not disclose:
a further first electrostatic charge variation sensor
a respective first electrode and a respective second electrode
a second eye.
(Examiner notes instead that Zakharov disclosure only explicitly mentions blink detection and blink patterns and charge variation signals for one eye.)
Zakharov and Komaki commonly relate to blink-detecting ocular devices.
Komaki discloses:
a further first electrostatic charge variation sensor
a respective first electrode and a respective second electrode
a second eye.
(Komaki discloses ocular action/eye-motion detection apparatus accommodating; see FIGs. 1-2 and ¶s 38-43. Note also the symmetry of the ocular arrangement.)
It would have therefore been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to further modify Zakharov with aspects of Komaki’s electrooculographic device/methods, in order to track user eye movement in addition to blinking activity (Komaki ¶s 41-43).
Conclusion
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/W.D.H./Examiner, Art Unit 2872
/STEPHONE B ALLEN/Supervisory Patent Examiner, Art Unit 2872
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