DETAILED ACTION
1. This office action is in response to an amendment filed on 01/22/2026. Claims 6, 12 and 16 are canceled and claims 1-5, 7-11, 13-15 and 17-20 are pending and claims 1, 11 and 15 are independent. Each independent claim is amended.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
3. On January 29, 2026, applicant’s representative Bryan G. Pratt, Reg. No. 48,873 and examiner conducted applicant-initiated telephone interview. The summary of the interview is attached.
Response to Arguments
4. Applicant’s arguments filed on January 29, 2026, with regarding to the 35 U.S.C. 103 rejections with respect to the independent claims 1, 11 and 15 have been considered but are not persuasive.
Applicant argues that Alamesh fails to teach “determining whether the orientation of the gaze satisfies a condition based at least in part on an orientation of the companion device” and further argues that Publicover does not remedy the alleged deficiency because Publicover allegedly does not teach determining an orientation of a companion/proximate device or relying on the orientation of the device to determine whether the user is looking at the device.
However, the combination of Alameh and Publicover teaches or suggests the disputed limitations.
Alameh teaches a wearable authentication system using smart glasses that determine a user’s gaze direction and grant seamless access/authentication to a companion electronic device when the user is looking at the companion device. Publicover teaches outward-facing scene cameras and eye-facing cameras configured to determine positional and orientational characteristics of viewed objects, including handheld/mobile devices, and teaches determining exact orientation of reference objects and devices viewed within the scene.
One of ordinary skill in the art would have understood that incorporating Publicover’s orientation-detection techniques into Alameh’s gaze-authentication system would have predictably improved the accuracy and robustness of determining whether the user intended to interact with a particular companion device, especially where multiple devices or multiple viewing angles are present.
Applicant’s arguments improperly attach the references individually rather than the combined teachings of the references. See in re Keller, 642 F.2D 413, 425 (CCPA 1981)
Further the claims do not require any specialized mathematical orientation model. Display-vector analysis or particular angular-comparison algorithm. The claims broadly recite determining whether gaze satisfies a condition based at least in part on an orientation of the companion device. Publicover expressly taches detecting and determining orientation of mobile/handheld devices within a scene viewed by a head-mounted system, which reasonably satisfies the claimed limitation when combined with Alameh’s gaze-based authentication determination.
For these reasons the rejection set forth in the previous office action is still applicable for the amended claims. Applicant’s representative is encouraged to the call to the office and schedule telephone interview to discuss how the claims could be amended to overcome the ground of rejection.
Claim Rejections - 35 USC § 103
5. 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.
6. 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.
7. 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 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.
Examiner’s note: text in bold corresponds to the claimed limitations; text in italics underlined or not underlined correspond to the cited prior art reference (i.e., verbatim, and/or examiner’s clarification. Meaning, text after a limitation in brackets [ ] corresponds to examiner’s mapping (including further explanation and/or comments) and/or prior art reference citations. Furthermore text in brackets [ ] points out explanation how the claim limitation is taught or explicitly taught by the reference being cited for that particular limitation or part of the limitation]
8. Claims 1-5, 7-11, 13, 15 and 17-20 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Rachid Alameh (herein after referred as Alameh) (US Pub No. 2021/0073362 A1) (Filed on September 9, 2019) in view of in view of Nelson G. Publicover (herein after referred as Publicover) (US Publication No. 2012/0294478 A1) (Nov. 22, 2012)
The following is referring to the independent claims 1, 11 and 15
As per independent claim 1 Alameh discloses a system for user authentication [Paragraph 0028, the wearable electronic device delivers an authentication credential to the companion electronic device. In one or more embodiments, the authentication credential authenticates the person as an authorized user of the companion electronic device], the system comprising:
a wearable device [Figure 1, ref. 107, wearable electronic device and see paragraph 0035 where the wearable electronic device 107 were configured as a pair of smart glasses] configured to:
capture a first image of a user's eye via a first camera disposed on the warable device; detect an orientation of a gaze of the user’s eye [Abstract, one or more sensors thereafter detect a gaze of an authorized user of the wearable electronic device being directed at the companion electronic device; Paragraph 0018, detecting a gaze of a person toward a companion electronic device]; determine whether the orientation of the gaze [paragraph 0064-0065, he one or more sensors of the wearable electronic device 107 thereafter detect a gaze 116 of the authorized user 106 of the wearable electronic device 107 being directed at the companion electronic device 112] satisfies a condition based at least in part on a location of the companion device [Abstract, One or more sensors identify the wearable electronic device being within a predefined distance of a companion electronic device. Paragraph 0031, the wearable electronic device seamlessly communicates user credentials and grants user access to a proximately located companion electronic device falling within the authorized user's gaze and paragraph 0047, the wearable electronic device 107 seamlessly communicates user credentials and grants user access to a proximately located companion electronic device 112 at which the gaze of the authorized user 106 is directed. Paragraph 0022, a method to perform device authentication and actuation in response to proximity and gaze ]. ;
and transmit a signal to the companion device in response to determining that the orientation of the gaze satisfies the condition [Paragraph 0047, in one or more embodiments, the wearable electronic device 107 seamlessly communicates user credentials and grants user access to a proximately located companion electronic device 112 at which the gaze of the authorized user 106 is directed and Claim 1, the one or more sensors thereafter detecting a gaze of an authorized user of the wearable electronic device being directed at the companion electronic device; and the wireless communication circuit delivering an actuation command to the companion electronic device in response to the one or more sensors detecting that the gaze of the authorized user is directed at the companion electronic device and paragraph 0031,…the wearable electronic device seamlessly communicates user credentials and grants user access to a proximately located companion electronic device falling within the authorized user's gaze]
Alameh substantially discloses all the limitation recited in the claim 1 but doesn’t explicitly disclose the following underlined/amended claim limitation:
“capture a second image of a companion device via a second camera oriented opposite to the first camera and disposed on the wearable device”
determines whether the orientation of the gaze satisfies the condition based at least in part on a an orientation of the companion device
However, Publicover discloses all the amended claim limitation: “capture a first image of a user's eye via a first camera disposed on the wearable device; detect an orientation of a gaze of the user's eye [See at least para. 0031 and figure 1, Eye-tracking cameras 13 a and 13 b are oriented on the frame 11 toward the head 15 in order to track the locations of the wearer's pupils, glints, and/or other reference points on one or both eyes of the wearer and claim 15, an eye-tracking camera oriented towards at least one of the wearer's eyes. See claim 29,. A system for gaze tracking, comprising: b) an eye-tracking camera mounted on the device oriented towards an eye of the wearer for capturing eye-tracking locations of at least one of the wearer's eyes];
capture a second image of a companion device via a second camera oriented opposite to the first camera and disposed on the wearable device”[See claim 1,system for determining reference locations, comprising: a scene camera mounted on the device oriented away from the wearer for capturing scene camera images of the environment of the wearer; Para. 0013, scene camera” that is affixed to eyewear or headwear looking outwardly relative to the individual wearing the eyewear or headwear.
at least para. 0041-0042 and figure 3 the size, orientation, and/or location of a conventional mobile phone or hand-held computing device 30 may be tracked using a scene camera 31. Images may be brought into focus on a scene camera 31 (which may be similar to the scene camera 12 shown in FIGS. 1 and 2), e.g., using one or more lenses 33, which may be carried by or otherwise coupled to the scene camera(s) 31 and para. 0042, a tetragon 34 (in this example of a rectangular cell phone) may be used to define the boundary of the device within images from the scene camera 31. The dimensions of the sides of the tetragon 34 may be used to compute the orientation of the location of the scene camera 31 relative to reference points within the mobile computing device 30. The overall size of the tetragon 34 within images from the scene camera 31 may be used in calculations of the distance between the scene camera 31 (i.e., affixed to the eyewear or headwear 11) and reference points within the mobile computing device 30]
determines whether the orientation of the gaze satisfies the condition based at least in part on a an orientation of the companion device [Para. 0022. 0041, 0042. These paragraphs teaches using scene reference information and eye-tracking information in gaze tracking calculations. Scene references information includes orientation of the mobile device. Examiner Note; when this is combined with Alameh’s gaze based authentication condition, the resulting determination is based at least in part on the companion device’s orientation]
Alameh and Publicover analogous arts and are in the same field of endeavor as they both pertain or directed to wearable devices.
It would have been obvious to one having ordinary skill in the art, before the effective filing of the claimed invention, to implement in the system of Alameh a mechanism to add the additional underlined functionality such as “capture a second image of a companion device via a second camera oriented opposite to the first camera and disposed on the wearable device and ” determines whether the orientation of the gaze satisfies the condition based at least in part on a an orientation of the companion device as taught by Publicover because incorporating Publicover’s orientation-detection techniques into Alameh’s gaze-authentication system would have predictably improved the accuracy and robustness of determining whether the user intended to interact with a particular companion device, especially where multiple devices or multiple viewing angles are present. [See Publicover at least figure 3 and para. 0041-0042]
As per independent claim 11 Alameh discloses a wearable device [[Figure 1, ref. 107, wearable electronic device and see paragraph 0035 where the wearable electronic device 107 were configured as a pair of smart glasses] comprising:
a user-facing camera configured to detect an eye pose of a user the user facing camera disposed on the wearable device; ; a processor in communication with the user-facing camera and [Paragraph 0150, the biometric sensor 703 can be an imager processor system 709. The imager processor system 709 can be operable with sensors 711 of the wearable electronic device 107, such as a camera or imager 710, to process information detected from a user's gaze to identify the user through facial, eye, or other recognition techniques. The imager processor system 709 can also be configured to identify the user through facial recognition techniques by capturing photographs of the user and paragraph 0051, the wearable electronic device 107 determine that the authorized user 106 is looking at a particular companion electronic device 112, seamless access to engage user interface devices of the companion electronic device 112 is granted by the wearable electronic device 107. When the companion electronic device 112 is in the right location for interaction, i.e., in front of their eyes and within their gaze 116, rather than to the right, left, or behind, the wearable electronic device 107 grants seamless access to consume information delivered by the user interface devices of the companion electronic device 112.], the processor configured to
determine whether the user is looking at a proximate device based at least in part on the eye pose [and paragraph 0051, the wearable electronic device 107 determine that the authorized user 106 is looking at a particular companion electronic device 112, seamless access to engage user interface devices of the companion electronic device 112 is granted by the wearable electronic device 107. When the companion electronic device 112 is in the right location for interaction, i.e., in front of their eyes and within their gaze 116, rather than to the right, left, or behind, the wearable electronic device 107 grants seamless access to consume information delivered by the user interface devices of the companion electronic device 112 and [Paragraph 0150, the biometric sensor 703 can be an imager processor system 709. The imager processor system 709 can be operable with sensors 711 of the wearable electronic device 107, such as a camera or imager 710, to process information detected from a user's gaze to identify the user through facial, eye, or other recognition techniques. The imager processor system 709 can also be configured to identify the user through facial recognition techniques by capturing photographs of the user]; and a transmission component in communication with the processor, the transmission component configured to transmit authentication credentials to the proximate device in response to determining that the user is looking at the proximate device [Paragraph 0047, in one or more embodiments, the wearable electronic device 107 seamlessly communicates user credentials and grants user access to a proximately located companion electronic device 112 at which the gaze of the authorized user 106 is directed and Claim 1, the one or more sensors thereafter detecting a gaze of an authorized user of the wearable electronic device being directed at the companion electronic device; and the wireless communication circuit delivering an actuation command to the companion electronic device in response to the one or more sensors detecting that the gaze of the authorized user is directed at the companion electronic device and paragraph 0031,…the wearable electronic device seamlessly communicates user credentials and grants user access to a proximately located companion electronic device falling within the authorized user's gaze]
Alameh substantially discloses all the limitation recited in the claim 11 but doesn’t explicitly disclose the following underlined/amended claim limitation:
“an outward facing camera oriented opposite to the first camera and configured to detect a location of a proximate device; a processor in communication with the user-facing camera and the outward facing camera disposed on the wearable device,”
Detecting an orientation of a secondary device and based on the alignment of the gaze direction
However, Publicover discloses all the amended claim limitation: “
a user-facing camera configured to detect an eye pose of a user the user facing camera disposed on the wearable device [Note: the Eye-tracking camera corresponds to the first camera. See at least para. 0031 and figure 1, Eye-tracking cameras 13 a and 13 b are oriented on the frame 11 toward the head 15 in order to track the locations of the wearer's pupils, glints, and/or other reference points on one or both eyes of the wearer and claim 15, an eye-tracking camera oriented towards at least one of the wearer's eyes. See claim 29,. A system for gaze tracking, comprising: b) an eye-tracking camera mounted on the device oriented towards an eye of the wearer for capturing eye-tracking locations of at least one of the wearer's eyes];
an outward facing camera oriented opposite and adjacent to [ Note: The Scene Camera corresponds to the limitation “an outward facing camera. See claim 1,system for determining reference locations, comprising: a scene camera mounted on the device oriented away from the wearer for capturing scene camera images of the environment of the wearer; Para. 0013, scene camera” that is affixed to eyewear or headwear looking outwardly relative to the individual wearing the eyewear or headwear] the first camera [ Note: the Eye-tracking camera corresponds to the first camera. See at least para. 0031 and figure 1, Eye-tracking cameras 13 a and 13 b are oriented on the frame 11 toward the head 15 in order to track the locations of the wearer's pupils, glints, and/or other reference points on one or both eyes of the wearer and claim 15, an eye-tracking camera oriented towards at least one of the wearer's eyes. See claim 29,. A system for gaze tracking, comprising: b) an eye-tracking camera mounted on the device oriented towards an eye of the wearer for capturing eye-tracking locations of at least one of the wearer's eyes]; and configured to detect a location of a proximate device; a processor in communication with the user-facing camera and the outward facing camera [See at least para. 0041-0042 and figure 3 the size, orientation, and/or location of a conventional mobile phone or hand-held computing device 30 may be tracked using a scene camera 31. Images may be brought into focus on a scene camera 31 (which may be similar to the scene camera 12 shown in FIGS. 1 and 2), e.g., using one or more lenses 33, which may be carried by or otherwise coupled to the scene camera(s) 31 and para. 0042, a tetragon 34 (in this example of a rectangular cell phone) may be used to define the boundary of the device within images from the scene camera 31. The dimensions of the sides of the tetragon 34 may be used to compute the orientation of the location of the scene camera 31 relative to reference points within the mobile computing device 30. The overall size of the tetragon 34 within images from the scene camera 31 may be used in calculations of the distance between the scene camera 31 (i.e., affixed to the eyewear or headwear 11) and reference points within the mobile computing device 30]
Detecting an orientation of a secondary device and based on the alignment of the gaze direction [[Para. 0022. 0041, 0042. These paragraphs teaches using scene reference information and eye-tracking information in gaze tracking calculations. Scene references information includes orientation of the mobile device. Examiner Note; when this is combined with Alameh’s gaze based authentication condition, the resulting determination is based at least in part on the companion device’s orientation.
Alameh and Publicover analogous arts and are in the same field of endeavor as they both pertain or directed to wearable devices.
It would have been obvious to one having ordinary skill in the art, before the effective filing of the claimed invention, to implement in the system of Alameh a mechanism to add the additional underlined functionality such as “an outward facing camera oriented opposite to the first camera and configured to detect a location of a proximate device; a processor in communication with the user-facing camera and the outward facing camera, and ” detecting an orientation of a secondary device and based on the alignment of the gaze direction as taught by Publicover because this would enhance the authentication accuracy by confirming user intent through gaze alignment with a physical device. [See Publicover at least figure 3 and para. 0041-0042]
As per independent claim 15 Alameh discloses a method for user authentication with head-mounted display HMD [Paragraph 0028, the wearable electronic device delivers an authentication credential to the companion electronic device. In one or more embodiments, the authentication credential authenticates the person as an authorized user of the companion electronic device], the method comprising: detecting a gaze direction of a user by a primary device via a first camera disposed on the primary device [Abstract, one or more sensors thereafter detect a gaze of an authorized user of the wearable electronic device being directed at the companion electronic device; Paragraph 0018, detecting a gaze of a person toward a companion electronic device. The wearable electronic device meets the claim limitation, “Primary device”];
detecting a position of a secondary device [Abstract and paragraph 0028, One or more sensors identify the wearable electronic device being within a predefined distance of a companion electronic device and paragraph 0048, one or more sensors of the wearable electronic device 107 identify the wearable electronic device 107 is within a predefined distance 114 of a companion electronic device 112, The companion electronic device 112 meets the claim limitation “secondary device” ]; and providing a signal from the primary device to the secondary device in response to determining that the gaze direction is oriented toward the position of the secondary device [Paragraph 0047, in one or more embodiments, the wearable electronic device 107 seamlessly communicates user credentials and grants user access to a proximately located companion electronic device 112 at which the gaze of the authorized user 106 is directed and Claim 1, the one or more sensors thereafter detecting a gaze of an authorized user of the wearable electronic device being directed at the companion electronic device; and the wireless communication circuit delivering an actuation command to the companion electronic device in response to the one or more sensors detecting that the gaze of the authorized user is directed at the companion electronic device and paragraph 0031,…the wearable electronic device seamlessly communicates user credentials and grants user access to a proximately located companion electronic device falling within the authorized user's gaze]
determines whether the orientation of the gaze satisfies the condition based at least in part on a location [when the wearable electronic device 107 comes within a predefined distance 114 of a companion electronic device 112, be it a computer, vehicle, smart door, smartphone, voice assistant device, smart speaker, smart light, smart thermostat, smart appliance, smart lock, or other companion electronic device, and one or more processors of the wearable electronic device 107 determine that the authorized user 106 is looking at a particular companion electronic device 112, seamless access to engage user interface devices of the companion electronic device 112 is granted by the wearable electronic device 107. When the companion electronic device 112 is in the right location for interaction, i.e., in front of their eyes and within their gaze 116, rather than to the right, left, or behind, the wearable electronic device 107 grants seamless access to consume information delivered by the user interface devices of the companion electronic device 112”].
Alameh substantially discloses all the limitation recited in the claim 11 but doesn’t explicitly disclose the following underlined/amended claim limitation:
…..and detecting a position of a secondary device via a second camera disposed on the HMD and oriented opposite and adjacent of the first camera”
determines whether the orientation of the gaze satisfies the condition based at least in part on a an orientation of the companion device
However, Publicover discloses all the amended claim limitation:
“detecting a gaze direction of a user by a primary device via a first camera disposed on the HMD[ Note: the Eye-tracking camera corresponds to the first camera. See at least para. 0031 and figure 1, Eye-tracking cameras 13 a and 13 b are oriented on the frame 11 toward the head 15 in order to track the locations of the wearer's pupils, glints, and/or other reference points on one or both eyes of the wearer and claim 15, an eye-tracking camera oriented towards at least one of the wearer's eyes. See claim 29,. A system for gaze tracking, comprising: b) an eye-tracking camera mounted on the device oriented towards an eye of the wearer for capturing eye-tracking locations of at least one of the wearer's eyes]; detecting a position of a secondary device via a second camera disposed on the HMD [See at least para. 0041-0042 and figure 3 the size, orientation, and/or location of a conventional mobile phone or hand-held computing device 30 may be tracked using a scene camera 31. Images may be brought into focus on a scene camera 31 (which may be similar to the scene camera 12 shown in FIGS. 1 and 2), e.g., using one or more lenses 33, which may be carried by or otherwise coupled to the scene camera(s) 31 and para. 0042, a tetragon 34 (in this example of a rectangular cell phone) may be used to define the boundary of the device within images from the scene camera 31. The dimensions of the sides of the tetragon 34 may be used to compute the orientation of the location of the scene camera 31 relative to reference points within the mobile computing device 30. The overall size of the tetragon 34 within images from the scene camera 31 may be used in calculations of the distance between the scene ]and oriented opposite and adjacent of the first camera [ Note: The Scene Camera corresponds to the limitation “an outward facing camera. See claim 1,system for determining reference locations, comprising: a scene camera mounted on the device oriented away from the wearer for capturing scene camera images of the environment of the wearer; Para. 0013, scene camera” that is affixed to eyewear or headwear looking outwardly relative to the individual wearing the eyewear or headwear]
determines whether the orientation of the gaze satisfies the condition based at least in part on an orientation of the companion device [Para. 0022. 0041, 0042. These paragraphs teaches using scene reference information and eye-tracking information in gaze tracking calculations. Scene references information includes orientation of the mobile device. Examiner Note; when this is combined with Alameh’s gaze based authentication condition, the resulting determination is based at least in part on the companion device’s orientation]
Alameh and Publicover analogous arts and are in the same field of endeavor as they both pertain or directed to wearable devices.
It would have been obvious to one having ordinary skill in the art, before the effective filing of the claimed invention, to implement in the system of Alameh a mechanism to add the additional underlined functionality such as “detecting a gaze direction of a user by a primary device via a first camera disposed on the HMD and detecting a position of a secondary device via a second camera disposed on the primary device and oriented opposite of the first camera” and determines whether the orientation of the gaze satisfies the condition based at least in part on an orientation of the companion device as taught by Publicover because this would enhance the authentication accuracy by confirming user intent through gaze alignment with a physical device. [See Publicover at least figure 3 and para. 0041-0042]
The following is referring to the dependent claims 2-5, 7-10, 13 and 17-20
As per dependent claim 2 combination of Alameh and Publicover discloses the system or claims as applied to claim 1 above. Furthermore, Alameh discloses the method wherein: the orientation of the gaze comprises a direction the user is looking; [Paragraph 0047, the wearable electronic device 107 to engage with companion electronic devices, e.g., companion electronic device 112 shown in FIG. 1 at step 104, to grant access to the companion electronic device 112, lock and unlock the companion electronic device 112, and actuate user interface devices of the companion electronic device 112 to consume information such as notifications, emails, data sharing, news briefs, reminders, and alerts. In one or more embodiments, the wearable electronic device 107 seamlessly communicates user credentials and grants user access to a proximately located companion electronic device 112 at which the gaze of the authorized user 106 is directed. Paragraph 0047, in one or more embodiments, the wearable electronic device 107 seamlessly communicates user credentials and grants user access to a proximately located companion electronic device 112 at which the gaze of the authorized user 106 is directed and Claim 1, the one or more sensors thereafter detecting a gaze of an authorized user of the wearable electronic device being directed at the companion electronic device; and the wireless communication circuit delivering an actuation command to the companion electronic device in response to the one or more sensors detecting that the gaze of the authorized user is directed at the companion electronic device and paragraph 0031,…the wearable electronic device seamlessly communicates user credentials and grants user access to a proximately located companion electronic device falling within the authorized user's gaze]
The combination of Alameh and Publicover doesn’t explicitly disclose the following underlined claim limitation “the condition comprises the orientation of the gaze being within one degree of the location of the companion device”
However Alameh, on at least paragraph 0051 discloses the following which broadly meets the underlined claim limitation, “when the wearable electronic device 107 comes within a predefined distance 114 of a companion electronic device 112, be it a computer, vehicle, smart door, smartphone, voice assistant device, smart speaker, smart light, smart thermostat, smart appliance, smart lock, or other companion electronic device, and one or more processors of the wearable electronic device 107 determine that the authorized user 106 is looking at a particular companion electronic device 112, seamless access to engage user interface devices of the companion electronic device 112 is granted by the wearable electronic device 107. When the companion electronic device 112 is in the right location for interaction, i.e., in front of their eyes and within their gaze 116, rather than to the right, left, or behind, the wearable electronic device 107 grants seamless access to consume information delivered by the user interface devices of the companion electronic device 112” The degree of direction of interaction between the wearable device 107 and the companion device 112 wherein the companion electronic device 112 is in the right location for interaction, i.e., in front of their eyes and within their gaze 116, rather than to the right, left, or behind, the wearable electronic device 107 broadly meets the limitation, “the condition comprises the orientation of the gaze being within one degree of the location of the companion device”
It would have been obvious to one having ordinary skill in the art, before the effective filing of the claimed invention, to implement in the system of Alameh and Publicover, a mechanism to use the feature such as “the condition comprises the orientation of the gaze being within one degree of the location of the companion device” as indirectly taught by Alameh because this would enhance the security of the system by authenticating a person to a companion electronic device, as well as presenting the content of the companion device only to the authorized users by actuating a user interface component of the companion electronic device in response to detecting either a user's gaze toward a particular companion electronic device. This authentication system enhance the security of the system since a cessation of the gaze of the authorized user of the wearable electronic device upon the companion electronic device protect the content presented by the companion device by making the display of the companion electronic device to cease presenting content [See Alameh at least claim 11 and paragraph 0051]
As per dependent claim 19, dependent claim 19 having similar claim limitation with dependent claim 2, is rejected for the same reason or rationale as that of the above dependent claim 2,
As per dependent claim 3 the combination of Alameh and Publicover discloses the system or claims as applied to claim 1 above. Furthermore, Alameh discloses the method wherein: the companion device has a locked state and an unlocked state [See paragraph 0047-0048, lock and unlock of the companion electronic device]; and the signal comprises authentication credentials to change the companion device from the locked state to the unlocked state [Paragraph 0048, one or more embodiments, the authentication credential 115 authenticates the authorized user 106 of the wearable electronic device 107 as the authorized user 106 of the companion electronic device 112. In one or more embodiments, the authentication credential 115 unlocks the companion electronic device 112 and renders it ready for use and paragraph 0047, the wearable electronic device 107 to engage with companion electronic devices, e.g., companion electronic device 112 shown in FIG. 1 at step 104, to grant access to the companion electronic device 112, lock and unlock the companion electronic device 112, and actuate user interface devices of the companion electronic device 112 to consume information such as notifications, emails, data sharing, news briefs, reminders, and alerts. In one or more embodiments, the wearable electronic device 107 seamlessly communicates user credentials and grants user access to a proximately located companion electronic device 112 at which the gaze of the authorized user 106 is directed]
As per dependent claim 4, the combination of Alameh and Publicover discloses the system or claims as applied to claim 3 above. Furthermore, Alameh discloses the method wherein: a restricted-access function of the companion device is inaccessible by the user in the locked state; and the restricted-access function of the companion device is accessible by the user in the unlocked state [Paragraph 0047, the wearable electronic device 107 to engage with companion electronic devices, e.g., companion electronic device 112 shown in FIG. 1 at step 104, to grant access to the companion electronic device 112, lock and unlock the companion electronic device 112, and actuate user interface devices of the companion electronic device 112 to consume information such as notifications, emails, data sharing, news briefs, reminders, and alerts and paragraph 0051, the wearable electronic device 107 determine that the authorized user 106 is looking at a particular companion electronic device 112, seamless access to engage user interface devices of the companion electronic device 112 is granted by the wearable electronic device 107. When the companion electronic device 112 is in the right location for interaction, i.e., in front of their eyes and within their gaze 116, rather than to the right, left, or behind, the wearable electronic device 107 grants seamless access to consume information delivered by the user interface devices of the companion electronic device 112. Paragraph 0074, The actions will vary based upon the application and the type of companion electronic device. In other embodiments, the actuation command 117 can comprise keys or tokens that cause the companion electronic device 112 to perform a particular action, such as launching a particular application or presenting a particular type of information on its display. See also paragraph 0048-0049, the authentication credential 115 unlocks the companion electronic device 112 and renders it ready for use .Unless the authorized user 106 just happens to be looking at the companion electronic device 112 when the authentication credential 115 is delivered to the companion electronic device 112, in one or more embodiments the user interface components, e.g., the display, the audio output devices, and so forth, initially remain OFF]
As per dependent claim 5, the combination of Alameh and Publicover discloses the system or claims as applied to claim 3 above. Furthermore, Alameh discloses the method/system wherein wearable device determines whether the orientation of the gaze satisfies the condition based at least in part on the captured image [[Paragraph 0150, the biometric sensor 703 can be an imager processor system 709. The imager processor system 709 can be operable with sensors 711 of the wearable electronic device 107, such as a camera or imager 710, to process information detected from a user's gaze to identify the user through facial, eye, or other recognition techniques. The imager processor system 709 can also be configured to identify the user through facial recognition techniques by capturing photographs of the user and paragraph 0051, the wearable electronic device 107 determine that the authorized user 106 is looking at a particular companion electronic device 112, seamless access to engage user interface devices of the companion electronic device 112 is granted by the wearable electronic device 107. When the companion electronic device 112 is in the right location for interaction, i.e., in front of their eyes and within their gaze 116, rather than to the right, left, or behind, the wearable electronic device 107 grants seamless access to consume information delivered by the user interface devices of the companion electronic device 112.]
As per dependent claim 7 the combination of Alameh and Publicover discloses the system or claims as applied to claim 1 above. Furthermore, Alameh discloses the method/system wherein: the wearable device comprises a proximity sensor to detect the location of the companion device [Paragraph 0018, method steps and apparatus components related to identifying proximately located companion electronic devices and abstract, One or more sensors identify the wearable electronic device being within a predefined distance of a companion electronic device].
As per dependent claim 8 the combination of Alameh and Publicover discloses the system or claims as applied to claim 1 above. Furthermore, Alameh discloses the method/system configured to authenticate the user prior to transmitting the signal to the companion device [Paragraph 0047, in one or more embodiments, the wearable electronic device 107 seamlessly communicates user credentials and grants user access to a proximately located companion electronic device 112 at which the gaze of the authorized user 106 is directed and Claim 1, the one or more sensors thereafter detecting a gaze of an authorized user of the wearable electronic device being directed at the companion electronic device; and the wireless communication circuit delivering an actuation command to the companion electronic device in response to the one or more sensors detecting that the gaze of the authorized user is directed at the companion electronic device and paragraph 0031,…the wearable electronic device seamlessly communicates user credentials and grants user access to a proximately located companion electronic device falling within the authorized user's gaze]
As per dependent claim 9 the combination of Alameh and Publicover discloses the system or claims as applied to claim 1 above. Furthermore, Alameh discloses the method/system, wherein: the companion device comprises a facial recognition system configured to recognize a user's face [Paragraph 0166, The face analyzer 715 can include its own image/gaze detection-processing engine as well. The image/gaze detection-processing engine can process information to detect a user's gaze point. The image/gaze detection-processing engine can optionally also work with the depth scans to detect an alignment of a user's head in three-dimensional space. Electronic signals can then be delivered from the imager 710 or the depth imager 713 for computing the direction of user's gaze in three-dimensional space and Paragraph 0035, Other examples of biometric input 109 suitable for use in authenticating a person as the authorized user of a wearable electronic device 107 will be obvious to those of ordinary skill in the art having the benefit of this disclosure. For example, iris scans, facial depth scans, facial recognition from images, or other biometric input 109 could be used to authenticate the authorized user 106 as well. If the wearable electronic device 107 were configured as a pair of smart glasses, it could use an iris scanner to scan the iris of a wearer instead of, or in addition to, a fingerprint sensor that may be configured in the stems. Where used in addition to a fingerprint sensor, an iris scan would elevate the authentication procedure to a very strong method of authentication and paragraph 0150, The imager processor system 709 can be operable with sensors 711 of the wearable electronic device 107, such as a camera or imager 710, to process information detected from a user's gaze to identify the user through facial, eye, or other recognition techniques. The imager processor system 709 can also be configured to identify the user through facial recognition techniques by capturing photographs of the user.]; and the wearable device is configured to detect the orientation of the gaze when the companion device recognizes the user's face [Paragraph 0150, the biometric sensor 703 can be an imager processor system 709. The imager processor system 709 can be operable with sensors 711 of the wearable electronic device 107, such as a camera or imager 710, to process information detected from a user's gaze to identify the user through facial, eye, or other recognition techniques. The imager processor system 709 can also be configured to identify the user through facial recognition techniques by capturing photographs of the user and paragraph 0051, the wearable electronic device 107 determine that the authorized user 106 is looking at a particular companion-
electronic device 112, seamless access to engage user interface devices of the companion electronic device 112 is granted by the wearable electronic device 107. When the companion electronic device 112 is in the right location for interaction, i.e., in front of their eyes and within their gaze 116, rather than to the right, left, or behind, the wearable electronic device 107 grants seamless access to consume information delivered by the user interface devices of the companion electronic device 112 and Paragraph 0166, The face analyzer 715 can include its own image/gaze detection-processing engine as well. The image/gaze detection-processing engine can process information to detect a user's gaze point. The image/gaze detection-processing engine can optionally also work with the depth scans to detect an alignment of a user's head in three-dimensional space. Electronic signals can then be delivered from the imager 710 or the depth imager 713 for computing the direction of user's gaze in three-dimensional space.]
As per dependent claim 10 the combination of Alameh and Publicover discloses the system or claims as applied to claim 1 above. Furthermore, Alameh discloses the method/system, wherein: the wearable device comprises a head-mounted device [Figure 1, ref. 107, wearable electronic device and see paragraph 0035 where the wearable electronic device 107 were configured as a pair of smart glasses]
As per dependent claim 13 the combination of Alameh and Publicover discloses the system or claims as applied to claim 11 above. Furthermore, Alameh discloses the method/system, wherein the processor is further configured to: determine whether a display of the proximate device is facing the user's eye; and provide a signal in response to determining that the user is looking at the proximate device and that the display of the proximate device is facing the user's eye [[Paragraph 0150, the biometric sensor 703 can be an imager processor system 709. The imager processor system 709 can be operable with sensors 711 of the wearable electronic device 107, such as a camera or imager 710, to process information detected from a user's gaze to identify the user through facial, eye, or other recognition techniques. The imager processor system 709 can also be configured to identify the user through facial recognition techniques by capturing photographs of the user and paragraph 0051, the wearable electronic device 107 determine that the authorized user 106 is looking at a particular companion electronic device 112, seamless access to engage user interface devices of the companion electronic device 112 is granted by the wearable electronic device 107. When the companion electronic device 112 is in the right location for interaction, i.e., in front of their eyes and within their gaze 116, rather than to the right, left, or behind, the wearable electronic device 107 grants seamless access to consume information delivered by the user interface devices of the companion electronic device 112 and Paragraph 0166, The face analyzer 715 can include its own image/gaze detection-processing engine as well. The image/gaze detection-processing engine can process information to detect a user's gaze point. The image/gaze detection-processing engine can optionally also work with the depth scans to detect an alignment of a user's head in three-dimensional space. Electronic signals can then be delivered from the imager 710 or the depth imager 713 for computing the direction of user's gaze in three-dimensional space. Paragraph 0141, when the companion electronic device leaves the field of view of the authorized user, this triggers the delivery of a deactuation command, causing the display to cease presenting the home screen. Thus, in one embodiment the moment the companion electronic device leaves the field of view because the authorized user turns their head away, the screen blanks and it is locked. In another embodiment, the screen blanks and the companion electronic device locks when it moves more than a predefined distance from the wearable electronic device, thereby triggering the delivery of a deactuation credential. Paragraph 0142, the instant the companion electronic device comes back into your field of view it returns to being unlocked and screen on, provided the authorized user has once again authenticated himself or herself and is again wearing the wearable electronic device.]
As per dependent claim 16 the combination of Alameh and Publicover discloses the system or claims as applied to claim 11 above. Furthermore, Alameh discloses the method/system, wherein detecting the position of the secondary device comprises detecting an orientation of the secondary device [Paragraph 0051, the wearable electronic device 107 determine that the authorized user 106 is looking at a particular companion electronic device 112, seamless access to engage user interface devices of the companion electronic device 112 is granted by the wearable electronic device 107. When the companion electronic device 112 is in the right location for interaction, i.e., in front of their eyes and within their gaze 116, rather than to the right, left, or behind, the wearable electronic device 107 grants seamless access to consume information delivered by the user interface devices of the companion electronic device 112. And Paragraph 0063, wearable electronic device 107 communicates user credentials to nearby devices and instructs devices to perform certain tasks when distance and orientations are met and paragraph 0257, iin one or more embodiments, the wearable electronic device includes an imager and recognizes a device type of one or more companion electronic devices. In one or more embodiments, the wearable electronic device assesses a wearable profile in response to receiving the device type to identify an engagement rule, e.g., distance and access details and broadcasts a directional beacon toward device in the same orientation as imager].
As per dependent claim 17 the combination of Alameh and Publicover discloses the system or claims as applied to claim 15 above. Furthermore, Alameh discloses the method/system, wherein the signal comprises authentication credentials [[Paragraph 0047, in one or more embodiments, the wearable electronic device 107 seamlessly communicates user credentials and grants user access to a proximately located companion electronic device 112 at which the gaze of the authorized user 106 is directed and Claim 1, the one or more sensors thereafter detecting a gaze of an authorized user of the wearable electronic device being directed at the companion electronic device; and the wireless communication circuit delivering an actuation command to the companion electronic device in response to the one or more sensors detecting that the gaze of the authorized user is directed at the companion electronic device and paragraph 0031,…the wearable electronic device seamlessly communicates user credentials and grants user access to a proximately located companion electronic device falling within the authorized user's gaze].
As per dependent claim 18 the combination of Alameh and Publicover discloses the system or claims as applied to claim 15 above. Furthermore, Alameh discloses the method/system, wherein detecting the position of the secondary device comprises detecting that the secondary device is within a predetermined threshold distance from the primary device [[Paragraph 0018, method steps and apparatus components related to identifying proximately located companion electronic devices and abstract, One or more sensors identify the wearable electronic device being within a predefined distance of a companion electronic device].
As per dependent claim 20 the combination of Alameh and Publicover discloses the system or claims as applied to claim 15 above. Furthermore, Publicover discloses the method/system, wherein detecting the position of the secondary device comprises: displaying a symbol on the secondary device; and detecting the symbol with the primary device [Paragraph 0042 and figure 3 para. 0042, a tetragon 34 (in this example of a rectangular cell phone) may be used to define the boundary of the device within images from the scene camera 31. The dimensions of the sides of the tetragon 34 may be used to compute the orientation of the location of the scene camera 31 relative to reference points within the mobile computing device 30. The overall size of the tetragon 34 within images from the scene camera 31 may be used in calculations of the distance between the scene camera 31 (i.e., affixed to the eyewear or headwear 11) and reference points within the mobile computing device 30].
11. Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Rachid Alameh (herein after referred as Alameh) (US Pub No. 2021/0073362 A1) (Filed on September 9, 2019) in view of in view of Nelson G. Publicover (herein after referred as Publicover) (US Publication No. 2012/0294478 A1) (Nov. 22, 2012) and in view of Hong Zhang (Zhang, Publication No. 2019/0339527 A1) (Pub. Date: Nov. 7, 2009)
As per dependent claim 14, the combination of Alameh and Publicover discloses the system or claims as applied to claim 11 above. Furthermore, Alameh discloses the method/system, wherein the wearable device comprises a head- mounted device comprising Figure 1, ref. 107, wearable electronic device and see paragraph 0035 where the wearable electronic device 107 were configured as a pair of smart glasses and paragraph 0062, sonar or proximity detectors that emit infrared light from a transmitter, which is reflected from the companion electronic device to a receiver, can be used to determine the distance between the wearable electronic device 107 and the companion electronic device 112.]
the combination of Alameh and Publicover doesn’t explicitly disclose the following underlined claim limitation “a head- mounted device comprising an infrared protective lens device”
However, Zhang discloses limitation “a head- mounted device comprising an infrared protective lens device” [Paragraph 0006, The VR head-mounted apparatus disclosed herein may comprise a convex lens, a first camera and a partial-reflection partial-transmission lens for reflecting infrared light. The partial-reflection partial-transmission lens may be located on a side of the convex lens towards a user when the user wears the VR head-mounted apparatus, and a lens surface of the partial-reflection partial-transmission lens may be disposed obliquely to reflect an infrared image of an eye of the user to the first camera.
Alameh, Publicover and Zhang are an analogous/in the same field of endeavor as they both are directed to using head-mounted device.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to implement in the system of Alameh and Publicover a mechanism or a feature such as “a head- mounted device comprising an infrared protective lens device” as per teaching Zhang for enhancing quick authentication such as biometric recognition, eye tracking, [Zhang, paragraph 0004, when acquiring an infrared image of an eye of a user wearing a VR apparatus, image acquisition conditions for conventional methods may be difficult to satisfy due to structural constraints within the VR apparatus, resulting in difficulties to successfully complete tasks such as biometric recognition, eye tracking, etc. Therefore, a VR apparatus that can quickly and accurately acquire an image of an eye of a user is desired]
Conclusion
12. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
A. US Patent No. 9508008 B2 to Jerauld discloses head mounted display and sensing devices cooperating with the display detect audible and visual behaviors of a subject in a field of view of the device. A processing device communicating with display and the sensors monitors audible and visual behaviors of the subject by receiving data from the sensors. Emotional states are computed based on the behaviors and feedback provided to the wearer indicating computed emotional states of the subject. During interactions, the device, recognizes emotional states in subjects by comparing detected sensor input against a database of human/primate gestures/expressions, posture, and speech. Feedback is provided to the wearer after interpretation of the sensor input.
B. US Publication No. 20150302252 A1 to Herrera discloses authentication method using multi-factor eye gaze.
C. US Patent No. 7986816B1 to Hoanca discloses systems for multiple factor authentication using gaze tracking and iris scanning
D. See other cited prior arts.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMSON B LEMMA whose telephone number is 571-272-3806. The examiner can normally be reached on M-F 8am-10pm.
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/SAMSON B LEMMA/Primary Examiner, Art Unit 2498
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