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 .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 11, 20; 2, 3, 6, 7, 8, 10, 12, 13, 16, 17 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Scherlen et al. U.S. Pub. No. 2019/0212581 in view of Yildiz et al. U.S. Pub. No. 2018/0365875.
Re: claims 1, 11 and 20, Scherlen teaches
1. A computer-implemented method, comprising: learning a rate of eye adaptation that a first user's pupil muscle adjusts to a change in a perceived level of light illumination; (“a) a step of determining a quantity representative of a dynamic sensitivity of the eye or both eyes of the wearer to a variation in a light flux,...”; Scherlen, [0134])
The dynamic sensitivity of the eye is determined based on the light variation.
(“For example, said quantity representative of the dynamic sensitivity of the eye of the wearer to the variation in the light flux corresponds to an adaptation time of the eye to the variation in this light flux...”; Scherlen, [0169])
The dynamic sensitivity of the wearer’s eye to the light variation corresponds to an adaptation time of the eye to the light variation.
**(“The latency time (or reaction time) of the pupil is the time required for the pupil to adapt its size following a change in light flux, both in the case of an increase or of a decrease in the intensity of the light flux.”; Scherlen, [0172])
The latency time or reaction time of the pupil is the time required for the pupil to adapt its size following a change in light level (learning a rate of eye adaptation that a first user’s pupil muscle adjusts to a change in perceived level of light illumination).
in response to a determination that the first user is moving from a first location having a first level of light illumination to a second location having a second level of light illumination, determining whether a difference in the levels of light illumination has a potential for causing eye adaptation issues for the first user; (“Generally, if the wearer is more bothered by increasing variations in light intensity, a photochromic filter with rapid passage to the darkened state will be proposed thereto. If the wearer is more bothered by the decreasing variations in light intensity, the photochromic filter with a rapid passage to the clear state will be proposed thereto.”; Scherlen, [0168])
Based on determining If the wearer is bothered by increasing variations in light intensity or decreasing variations in light intensity (determining whether a difference in the levels of light illumination has a potential for causing eye adaptation issues), a corresponding photochromic filter is applied.
(“The passage from a high light flux to a lower light flux may for example simulate the passage from an outside environment of high brightness to a much darker environment, inside or in a tunnel”; Scherlen, [0252])
The passage from a high light flux to a lower light flux corresponds to the user passing from an outside environment of high brightness (first user is moving from a first location having a first level of light illumination) to an inside, much darker environment (to a second location having a second level of light illumination).
Scherlen is silent regarding in response to a determination that the difference in the levels of light illumination has a potential for causing eye adaptation issues for the first user, determining a level of light illumination that will allow the first user's pupil muscle to adjust at the learned rate of eye adaptation; outputting a first representation of the second location for display on a mixed reality (MR) device worn by the first user upon the first user entering the second location, wherein the first representation of the second location includes the determined level of light illumination, however, Yildiz teaches
in response to a determination that the difference in the levels of light illumination has a potential for causing eye adaptation issues for the first user, determining a level of light illumination that will allow the first user's pupil muscle to adjust at the learned rate of eye adaptation; (“... controller 300 employs inward-facing camera 201 to gather pupil state information (e.g., size, rate of change, etc.), in some cases supplemented by ambient light information gathered by ALS sensor 202, to change one or more aspects of display 200 and/or digitally-created content or images.”; Yildiz, [0035], Fig. 3)
Fig. 3 illustrates an XR headset controller that gathers pupil size and pupil rate of change information that is supplemented by the ambient light information gathered by the ASL sensor. This information is used to change aspects of the display.
(“At block 402, controller 300 identifies a dilation or contraction of the user’s pupil, as shown in chart 800. At block 403, if the magnitude of the change in pupil diameter is above a threshold value... then at block 404 controller 300 adjusts an aspect of display 200... corresponding to the change in pupil diameter (e.g., by adjusting the backlight 3k02 to increase or decrease the brightness of surface panel 301...). ”; Yildiz, [0040], Fig. 4)
The headset controller identifies the ambient light level and whether the user’s pupil dilation or pupil contraction is above a threshold value (in response to a determination that the difference in the levels of light illumination has a potential for causing eye adaptation issues for the first user) and adjusts an aspect of the display corresponding to the pupil change (determining a level of light illumination that will allow the first user's pupil muscle to adjust at the learned rate of eye adaptation).
and outputting a first representation of the second location for display on a mixed reality (MR) device worn by the first user upon the first user entering the second location, wherein the first representation of the second location includes the determined level of light illumination. (“As shown, a user wears xR headset 100 around their head and over their eyes, such that the user can see their physical environment via a see-through display system, glass, and/or lens 200 (“display”) mounted on headset frame or body 203.”; Yildiz, [0027], Fig. 1)
Fig. 1 illustrates an XR headset worn by the user, where the user can see their physical environment via the see-through display system (outputting a first representation of the second location for display on a mixed reality device worn by the first user).
(“Display(s) 200 may show information in the form of digital entities (e.g., characters, text, hyperlinks, images, graphics, etc.) overlaying a visible, physical environment in the user’s field of view.”; Yildiz, [0029])
The display of the headset displays information such as graphic images overlaying the physical environment in the user’s field-of-view.
(“xR headset 100 may also include ambient light sensor (ALS) and/or ALS integrated circuit (IC) 202 disposed outside of xR headset 100 and mounted onto headset body 203. Examples of ALS sensor 202 include photosensors or photodetectors... that convert light into electrical current, such that the output of ALS sensor 202 is a signal that indicates the amount of ambient light outside of xR headset 100.”; Yildiz, [0031])
The XR headset includes an ambient light sensor that outputs a signal indicating the amount of ambient light outside of the XR headset.
(“... controller 300 employs inward-facing camera 201 to gather pupil state information (e.g., size, rate of change, etc.), in some cases supplemented by ambient light information gathered by ALS sensor 202, to change one or more aspects of display 200 and/or digitally-created content or images.”; Yildiz, [0035], Fig. 3)
Fig. 3 illustrates an XR headset controller that gathers pupil size and pupil rate of change information that is supplemented by the ambient light information gathered by the ASL sensor. This information is used to change aspects of the display.
(“At block 402, controller 300 identifies a dilation or contraction of the user’s pupil, as shown in chart 800. At block 403, if the magnitude of the change in pupil diameter is above a threshold value... then at block 404 controller 300 adjusts an aspect of display 200... corresponding to the change in pupil diameter (e.g., by adjusting the backlight 3k02 to increase or decrease the brightness of surface panel 301...). ”; Yildiz, [0040], Fig. 4)
The headset controller identifies the ambient light level and whether the user’s pupil dilation or pupil contraction is above a threshold value and adjusts an aspect of the display corresponding to the pupil change.
(“For example, if the user’s pupil size increases by a first threshold amount.. due to a decrease in ambient light, block 404 may decrease the brightness of panel or surface 301 (to match the decrease in ambient light) by applying a frequency Pulse-Width Modulation (PWM) signal to the backlight 302. Then, if the pupil size decreases by a second threshold amount... due to an increase in ambient light, block 404 may increase the brightness of panel or surface 301 (to match the increase in ambient light) by applying a higher frequency PWM signal to the backlight 302.”; Yildiz, [0042])
For example, if the user’s pupil size increases by a first threshold amount, due to an increase in ambient light, the brightness of the display panel is decreased to match the decrease in ambient light. And, if the pupil size decreases by a second threshold amount, due to an increase in ambient light, the brightness of the display panel is increased to match the increase in ambient light.
(“In short, if the pupil decreases when the user is going into a bright ambient light condition, then method 400 may increase the brightness of the display to compensate for it and/or to maintain the user’s pupil’s size in a comfortable range for that particular user in that particular environment.. Conversely, if the pupil size increases when the user is going into a dark ambient light condition, then method 400 may decrease the brightness of the display and maintain the user’s pupil’s size in their comfortable range, again, as identified in block 401.”; Yildiz, [0043])
Basically, if the pupil size decreases when the user is going into a bright ambient light condition (entering the second location), the brightness of the display is increased to compensate for it and to maintain the user’s pupil’s size in a comfortable range (outputting a first representation of the second location for display on a mixed reality (MR) device worn by the first user upon the first user entering the second location, wherein the first representation of the second location includes the determined level of light illumination). Conversely, if the pupil size increases when the user is going into a dark ambient light condition, the brightness of the display is decreased to maintain the user’s pupil size in their comfortable range. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date, to modify the method of Scherlen by adding the feature of in response to a determination that the difference in the levels of light illumination has a potential for causing eye adaptation issues for the first user, determining a level of light illumination that will allow the first user's pupil muscle to adjust at the learned rate of eye adaptation; outputting a first representation of the second location for display on a mixed reality (MR) device worn by the first user upon the first user entering the second location, wherein the first representation of the second location includes the determined level of light illumination, in order to maintain the user’s pupil size in a comfortable range by compensating for a change in ambient light level by adjusting the brightness of the display, as taught by Yildiz ([0043]).
Claim 11 is a product analogous to the method of claim 1, is similar in scope and is rejected under the same rationale. Claim 11 has an additional limitation. Re: claims 11, Scherlen is silent regarding a computer program product, the computer program product comprising a computer readable storage medium having program instructions embodied therewith, the program instructions readable and/or executable by a computer to cause the computer to, however, Yildiz teaches
11. A computer program product, the computer program product comprising a computer readable storage medium having program instructions embodied therewith, the program instructions readable and/or executable by a computer to cause the computer to: (“a controller coupled to the display; and a memory coupled to the controller, the memory comprising program instructions stored thereon that, upon execution, cause the controller to:... ”; Yildiz, [0005])
The memory (computer readable storage medium) stores program instructions executed by a controller (processor of a computer). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date, to modify the method of Scherlen by adding the feature of -A computer program product, the computer program product comprising a computer readable storage medium having program instructions embodied therewith, the program instructions readable and/or executable by a computer to cause the computer to:, in order to maintain the user’s pupil size in a comfortable range by compensating for a change in ambient light level by adjusting the brightness of the display, as taught by Yildiz ([0043]).
Claim 20 is a system analogous to the method of claim 1, is similar in scope and is rejected under the same rationale. Claim 20 has an additional limitation. Re: claims 20, Scherlen is silent regarding a processor; and logic integrated with the processor, executable by the processor, or integrated with and executable by the processor, the logic being configured to:, however Yildiz teaches
20. A system, comprising: a processor; and logic integrated with the processor, executable by the processor, or integrated with and executable by the processor, the logic being configured to: (“a controller coupled to the display; and a memory coupled to the controller, the memory comprising program instructions stored thereon that, upon execution, cause the controller to:... ”; Yildiz, [0005])
The memory comprises program instructions (logic integrated with the processor) executed by a controller (executable by the processor). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date, to modify the method of Scherlen by adding the feature of a processor; and logic integrated with the processor, executable by the processor, or integrated with and executable by the processor, the logic being configured to:, in order to maintain the user’s pupil size in a comfortable range by compensating for a change in ambient light level by adjusting the brightness of the display, as taught by Yildiz ([0043]).
Re: claims 2 and 12, Scherlen and Yildiz teach
2. The computer-implemented method of claim 1, wherein at least one of the locations is indoors, wherein the level of light illumination of the indoor location is output by a light emitting device. (“For example, the retina of a person who works in a mine all day, in a closed environment, in artificial light of low intensity will become used to this low flux.”; Scherlen, [0496])
The person may work in a mine all day, in a closed environment (at least one of the locations is indoors) with artificial light of low intensity (the level of light illumination of the indoor location is output by a light emitting device).
(“characteristics of the light sources to which he is exposed: artificial light (for example LED or incandescent bulb) or natural light, diffuse or point-like light...”; Scherlen, [0491])
The light sources in the user’s environment may be artificial light such as light from an incandescent bulb (the level of light illumination of the indoor location is output by a light emitting device).
Re: claims 3 and 13, Scherlen and Yildiz teach
3. The computer-implemented method of claim 2, wherein the levels of light illumination in the locations are not adjusted to allow the first user's pupil muscle to adjust at the learned rate of eye adaptation. (“Depending on the wavelength of the light flux and the intensity of the temporal variations or the spatial variations in the light flux, the size of the pupil will not have the same evolution over time... the more rapidly the light signal is transmitted through the retina to the sphincter muscle of the iris, i.e., the shorter the latency time, the greater the discomfort of the wearer, whatever his age, the luminance, and the spectral and temporal characteristics of the stimulation.”; Scherlen, [0317], [0318])
The wavelength of the light flux and the intensity of the temporal and spatial variations in the light flux, cause the pupil to change size. The faster the light is transmitted through the retina to the sphincter muscle for the iris, the shorter the latency time and the greater the discomfort of the wearer (the levels of light illumination in the locations are not adjusted to allow the first user’s pupil muscle to adjust at the learned rate of eye adaptation).
Re: claims 6 and 16, Scherlen and Yildiz teach
6. The computer-implemented method of claim 1, comprising: determining whether the first user's pupil muscle has fully adjusted to the second level of light illumination at the second location; (“In short, if the pupil decreases when the user is going into a bright ambient light condition, then method 400 may increase the brightness of the display to compensate for it and/or to maintain the user's pupil’s size in a comfortable range for that particular user in that particular environment, for example, as identified in block 401”; Yildiz, [0043])
When the size of the pupil decreases as the user goes into a bright ambient light condition, the brightness of the display is increased to maintain the user’s pupil size in a comfortable range (determining whether the first user’s pupil muscle has fully adjusted to the second level of light illumination at the second location).
and in response to a determination that the first user's pupil muscle has fully adjusted to the second level of light illumination, performing a predetermined operation to cause the first user to view the second level of light illumination, wherein the predetermined operation is selected from the group consisting of: not outputting anything to be displayed on the MR device worn by the first user, physically adjusting a display of the MR device so that the first user sees the second location without any portion of the MR device obstructing a view of the first user, and outputting a second representation of the second location for display on the MR device, wherein the second representation of the second location includes the second level of light illumination. (“As shown, a user wears xR headset 100 around their head and over their eyes, such that the user can see their physical environment via a see-through display system, glass, and/or lens 200 (“display”) mounted on headset frame or body 203.”; Yildiz, [0027], Fig. 1)
Fig. 1 illustrates an XR headset worn by the user, where the user can see their physical environment via the see-through display system (outputting a second representation of the second location for display on the MR device).
(“In short, if the pupil decreases when the user is going into a bright ambient light condition, then method 400 may increase the brightness of the display to compensate for it and/or to maintain the user’s pupil’s size in a comfortable range for that particular user in that particular environment.. Conversely, if the pupil size increases when the user is going into a dark ambient light condition, then method 400 may decrease the brightness of the display and maintain the user’s pupil’s size in their comfortable range, again, as identified in block 401.”; Yildiz, [0043])
For example, if the pupil size decreases when the user is going into a bright ambient light condition (entering the second location), the brightness of the display is increased to compensate for it and to maintain the user’s pupil’s size in a comfortable range (outputting a first representation of the second location for display on a mixed reality device). Conversely, if the pupil size increases when the user is going into a dark ambient light condition, the brightness of the display is decreased to maintain the user’s pupil size in their comfortable range (outputting a second representation of the second location for display on the MR device, wherein the second representation of the second location includes the second level of light illumination). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date, to modify the method of Scherlen by adding the feature of determining whether the first user's pupil muscle has fully adjusted to the second level of light illumination at the second location; and in response to a determination that the first user's pupil muscle has fully adjusted to the second level of light illumination, performing a predetermined operation to cause the first user to view the second level of light illumination, wherein the predetermined operation is selected from the group consisting of: not outputting anything to be displayed on the MR device worn by the first user, physically adjusting a display of the MR device so that the first user sees the second location without any portion of the MR device obstructing a view of the first user, and outputting a second representation of the second location for display on the MR device, wherein the second representation of the second location includes the second level of light illumination, in order to maintain the user’s pupil size in a comfortable range by compensating for a change in ambient light level by adjusting the brightness of the display, as taught by Yildiz ([0043]).
Re: claims 7 and 17 (which are rejected under the same rationale), Scherlen and Yildiz teach
7. The computer-implemented method of claim 1, comprising: identifying a muscle flexion of the pupil of the first user, wherein the muscle flexion is considered during the learning of the rate of eye adaptation that the first user's pupil muscle adjusts. (“...in step a1), the wearer is subjected to a predetermined light flux during a first exposure phase, then the wearer is placed in darkness during a darkness second phase and, in step a2), an average sensitivity is measured during a determined time period after the start of the second phase and/or during a time of adaptation to darkness corresponding to the time required for the sensitivity to light of the eyes of the wearer to regain a predetermined sensitivity value and/or... in step a2), the variation in the size of the pupil over time is determined during at least said variation in light flux of step a1).”; Scherlen, [0047], [0048])
When the wearer starts in a first environment that has a predetermined light flux, and then moves to a dark environment, an average sensitivity is measured during the time period after the wearer has moved to the dark environment and during a time of adaptation to darkness that correspond to the time required for the wearer’s eye sensitivity to light to regain a predetermined sensitivity value (muscle flexion is considered during the learning of the rate of eye adaptation that the first user’s pupil muscle adjusts). The variation of the size of the pupil (muscle flexion of the pupil of the first user) over time (muscle flexion is considered during the learning of the rate of eye adaptation that the first user’s pupil muscle adjusts) is determined during the variation in light flux.
Re: claims 8 and 18 (which are rejected under the same rationale), Scherlen and Yildiz teach
8. The computer-implemented method of claim 7, wherein the learning is based on factors selected from the group consisting of: historical learning about the level of illumination, comfort level of one or more workers, and time. (“in step a), said quantity representative of the dynamic sensitivity of the eye of the wearer to the variation in light flux comprises a comfort threshold speed of the wearer for the variation in the light flux and/or a comfort threshold value for the light intensity perceived by the wearer during the variation in light flux...”; Scherlen, [0076])
The dynamic sensitivity of the wearer’s eye to the variation in light flux includes comfort threshold speed of the wearer.
(“said quantity representative of the dynamic sensitivity of the eye of the wearer to the variation in the light flux is determined while taking into account at least one of the following parameters:... a parameter relating to the past, present and/future light exposure habits of the wearer: for example an average initial illuminance received by the eye before a variation in light flux, activities performed/profession, season, geographic location, natural or artificial light, duration of exposure, etc... a subjective parameter relating to a visual comfort under given luminous conditions and/or luminous-variation conditions...”; Scherlen, [0087], [0088], [0092])
Determining the dynamic sensitivity of the wearer’s eye includes parameters such as, a parameter relating to the past (historical learning about the level of illumination), a parameter relating to a visual comfort (comfort level of one or more workers) and duration of exposure (time). .
Re: claim 10, Scherlen and Yildiz teach
10. The computer-implemented method of claim 1, comprising: adjusting a color of a contour of a floor of the second location in the first representation of at least the second location, wherein the adjusted color is based on a safety parameter associated with the second location. (“For instance, each piece of content to be overlaid on display panel or surface 301 may be assigned a different priority value. In situations where user's cognitive load appears to increase (pupil size changes rapidly above a threshold rate-of-change amount), high-priority information may be visually emphasized: larger size or font, different color scheme, blinking effect, positioning in the center of display 200.”; Yildiz, [0055])
When a user’s pupils change rapidly above a threshold rate-of change, high priority information in the field of view (which includes the floor and its contour) may be visually emphasized, such as by changing to a different color scheme .
(“In some cases, learning algorithms may be implemented such that changes to display 200 are designed to increase awareness of the user.”; Yildiz, [0056])
These changes to the display, such as changing the color scheme to increase awareness of the user (the adjusted color is based on a safety parameter associated with the second location). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date, to modify the method of Scherlen by adding the feature of adjusting a color of a contour of a floor of the second location in the first representation of at least the second location, wherein the adjusted color is based on a safety parameter associated with the second location, in order to increase awareness and reduce discomfort of the user, as taught by Yildiz ([0056]).
Claim(s) 9 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Scherlen and Yildiz as applied to claims 1 and 11 above, and further in view of Bastian et al. U.S. Pub. No. 2021/0235779.
Re: claims 9 and 19 (which are rejected under the same rationale), Scherlen and Yildiz are silent regarding adjusting a color of one or more articles of clothing of a second user in the first representation of the second location, wherein the adjusted color of the one or more articles of clothing is based on a job task of the second user, however, Bastian teaches
9. The computer-implemented method of claim 1, comprising: adjusting a color of one or more articles of clothing of a second user in the first representation of the second location, wherein the adjusted color of the one or more articles of clothing is based on a job task of the second user. (“The set of rules includes, for example, a rule that if an individual’s performance deviation index is above a threshold, alter a characteristic of a garment worn by the individual... the altered characteristic is an alteration in a color, pattern, or other visible garment characteristic. For example, the individual’s shirt might be changed from his or her team uniform color to red, or a shirt area changes from a solid-color area to an area with diagonal stripes.”; Bastian, [0036])
A characteristic, such as a color, of a garment worn by an individual is altered (adjusting a color of one or more articles of clothing of a second user in the first representation of the second location). For example, the individual’s team uniform color may be changed to red (the adjusted color of the one or more articles of clothing is based on a job task of the second user). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date, to modify the method of Scherlen by adding the feature of adjusting a color of one or more articles of clothing of a second user in the first representation of the second location, wherein the adjusted color of the one or more articles of clothing is based on a job task of the second user in order to indicate to a worker’s manager or a player’s teammates and coaches, that the individual’s status has changed, allowing others to ameliorate the situation, perhaps by resting the worker or substituting a different player, as taught by Bastian ([0036]).
Allowable Subject Matter
Claims 4, 5, 14 and 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: None of the prior art teaches or suggests:
From claims 4 and 14 – “storing the levels of light illumination to a predetermined table; and referencing the predetermined table in response to a determination that the first user has left the second location and/or is headed to one of the other locations.
From claim 5 and 15 – “updating, at a first predetermined rate, the level of light illumination of the first representation; determining whether the first user's pupil muscle is adjusting at the learned rate of eye adaptation; in response to a determination that the first user's pupil muscle is adjusting at about the learned rate of eye adaptation, continuing to update the level of light illumination of the first representation at the first predetermined rate; and in response to a determination that the first user's pupil muscle is not adjusting at about the learned rate of eye adaptation, updating the level of light illumination of the first representation at a second predetermined rate. ”
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
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/Donna J. Ricks/Examiner, Art Unit 2618
/DEVONA E FAULK/Supervisory Patent Examiner, Art Unit 2618