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 .
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.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, 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 1-2, 4-12, and 14-23 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (hereinafter “Lee” US 2024 / 0319522) in view of Blum et al. (hereinafter “Blum” US 2004 / 0027501).
As pertaining to Claim 1, Lee discloses (see Fig. 2, Fig. 3A, and Fig. 9) a method, comprising:
receiving, by a processor (i.e., a CPU; see (FC, 11, 12, 13)) disposed in a device (10) that includes a sensor (EX) and a lens (LN), the device (10) being worn by a wearer having a head position (i.e., a head tilt), the sensor (EX) including a motion sensor (i.e., a gyroscope or six-axis sensor), the lens (LN) including an optic (i.e., a variable focus lens and control unit; see (FC, LN)) configured to provide the lens (LN) with a first property including a first power (i.e., a first focusing power), an indication from the sensor (EX) that the head position (i.e., the head tilt) has changed (see Page 9 through Page 10, Para. [0151]-[0154], [0158], and [0161]); and
applying, by the processor (i.e., the CPU; again, see (FC, 11, 12, 13)), a voltage (i.e., a control voltage) to the optic (see (FC, LN)) to cause the optic (see (FC, LN)) to provide the lens (LN) with a second property including a second power (i.e., a second focusing power), wherein the first power (i.e., the first focusing power) and the second power (i.e., the second focusing power) are determined based on a model (i.e., a set of rules; see Page 14, Para. [0198]-[0203] and [0205]; Page 15, Para. [0207]-[0208] and [0210]-[0212]; Page 16, Para. [0223]-[0224] and [0226]; and Page 20, Para. [0268]-[0269]).
Lee discloses a number of context features that are utilized by the processor to determine a focusing power of the lens (LN), including lifestyle information such as gaze and/or head tilting habits (see Page 9, Para. [0151] and Page 15 through Page 16, Para. [0221] and [0223]-[0224]). However, Lee does not explicitly disclose that the second optical property including the second power is dynamically applied by the processor in response to an indication that the head position of the wearer has changed, wherein the first power and the second power are determined based on a model that relates the head position of the wearer to an optical power of the lens.
However, in the same field of endeavor, Blum discloses (see Fig. 5 with Figs. 47a-47c) a method of adjusting optical power in a lens (520, 522) using a processor (540) in a device (500) based on a head position of a wearer (Page 4 through Page 5, Para. [0097]-[0099]), wherein a motion sensor is provided to determine the head position of the wearer, and an optical power of the lens (520, 522) is changed from a first power to a second power in response to an indication that the head position of the wearer has changed, and wherein the first power and the second power are determined based on a model (i.e., a set of rules) that relates the head position of the wearer (see Figs. 47a-47c) to an optical power of the lens (see (520, 522); and see Page 9, Para. [0145]; Page 10, Para. [0149]; Page 13 through Page 14, Para. [0184]; Page 19, Para. [0239]; and Page 20, Para. [0242]). It is an expressed goal of Blum to provide for the dynamic correction of optical power in a lens based on the head position of the wearer in order to reduce fatigue and to automatically adjust the viewing function of the lens based on an implied viewing distance (again, see Page 13 through Page 14, Para. [0184]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Lee with the teachings of Blum, such that the second optical property including the second power is dynamically applied by the processor in response to an indication that the head position of the wearer has changed, wherein the first power and the second power are determined based on a model that relates the head position of the wearer to an optical power of the lens, as suggested by Blum, in order to reduce fatigue and to automatically adjust the viewing function of the lens based on an implied viewing distance.
As pertaining to Claim 2, Lee discloses (see Fig. 2, Fig. 3A, and Fig. 9) that the optic (see (FC, LN)) includes a liquid crystal (LN; again, see Page 10, Para. [0153] and [0161]).
As pertaining to Claim 4, Lee discloses (see Fig. 2, Fig. 3A, and Fig. 9) that the sensor (EX) included an eye-imaging device (again, see Page 14, Para. [0198]-[0203] and [0205]).
As pertaining to Claim 5, Lee discloses (see Fig. 2, Fig. 3A, and Fig. 9) that the sensor (EX) includes a camera (again, see Page 14, Para. [0201]-[0202]).
As pertaining to Claim 6, Lee discloses (see Fig. 2, Fig. 3A, and Fig. 9) that the voltage (i.e., the control voltage) is a first voltage (i.e., to produce the second optical property including the second power),
wherein the lens (LN) is a first lens (i.e., a left lens (LN)) and the device (10) includes a second lens (i.e., a right lens (LN)), the second lens (i.e., the right lens (LN)) including a second optic (see (FC, LN)) configured to provide the second lens (i.e., the right lens (LN)) with a third property (i.e., a third focusing power; again, see Page 9 through Page 10, Para. [0151]-[0154], [0158], and [0161]), and
wherein the method further comprises:
in response to the indication (see (EX)), applying a second voltage (i.e., a control voltage) to the second optic (see (FC, LN)) to cause the second optic (see (FC, LN)) to provide the second lens (i.e., the right lens (LN)) with a fourth property (i.e., a fourth focusing power), the wearer being enabled to see through the second lens (i.e., the right lens (LN)) more clearly with the fourth property (i.e., the fourth focusing power; again, see Page 9 through Page 10, Para. [0151]-[0154], [0158], and [0161] in combination with Page 20, Para. [0242] of Blum).
As pertaining to Claim 7, Lee discloses (see Fig. 2, Fig. 3A, and Fig. 9) that the liquid crystal (LN) includes at least one laminated layer (again, see Page 10, Para. [0161] and Page 11, Para. [0170]).
As pertaining to Claim 8, Lee discloses (see Fig. 2, Fig. 3A, and Fig. 9) that the first power and the second power are based on a prescription (i.e., optometry information) for the wearer (again, see Page 21, Para. [0275] and Page 15, Para. [0210]-[0212]).
As pertaining to Claim 9, Lee discloses (see Fig. 2, Fig. 3A, and Fig. 9) that the optic (see (FC, LN)) includes an electrochromic coating (i.e., an LC layer) configured to change a transmissivity (i.e., a refractive property) of the lens (LN) in response to a change in voltage (i.e., the control voltage) applied to the optic (see Page 10, Para. [0161] and Page 11, Para. [0169]-[0172], for example).
As pertaining to Claim 10, Lee discloses (see Fig. 2, Fig. 3A, and Fig. 9) that the wearer is enabled to see through the lens (LN) more clearly with the second property (i.e., the second focusing power; again, see Page 14, Para. [0198]-[0203] and [0205]; Page 15, Para. [0210]-[0212]; and Page 16, Para. [0223]-[0224] and [0226]).
As pertaining to Claim 11, Lee discloses (see Fig. 2, Fig. 3A, and Fig. 9) a computer program product (see Page 14, Para. [0198]) comprising a nontransitory storage medium (see any element of (FC, 11, 12, 13), 20, 30), the computer program product including code that, when executed by processing circuitry (see (FC, 11, 12, 13), 20, 30), causes the processing circuitry (again, see (FC, 11, 12, 13), 20, 30) to perform a method, the method comprising:
receiving, by a processor (i.e., a CPU; see (FC, 11, 12, 13)) disposed in a device (10) that includes a sensor (EX) and a lens (LN), the device (10) being worn by a wearer having a head position (i.e., a head tilt), the sensor (EX) including a motion sensor (i.e., a gyroscope or six-axis sensor), the lens (LN) including an optic (i.e., a variable focus lens and control unit; see (FC, LN)) configured to provide the lens (LN) with a first property including a first power (i.e., a first focusing power), an indication from the sensor (EX) that the head position (i.e., the head tilt) has changed (see Page 9 through Page 10, Para. [0151]-[0154], [0158], and [0161]); and
applying, by the processor (i.e., the CPU; again, see (FC, 11, 12, 13)), a voltage (i.e., a control voltage) to the optic (see (FC, LN)) to cause the optic (see (FC, LN)) to provide the lens (LN) with a second property including a second power (i.e., a second focusing power), wherein the first power (i.e., the first focusing power) and the second power (i.e., the second focusing power) are determined based on a model (i.e., a set of rules; see Page 14, Para. [0198]-[0203] and [0205]; Page 15, Para. [0207]-[0208] and [0210]-[0212]; Page 16, Para. [0223]-[0224] and [0226]; and Page 20, Para. [0268]-[0269]).
Lee discloses a number of context features that are utilized by the processor to determine a focusing power of the lens (LN), including lifestyle information such as gaze and/or head tilting habits (see Page 9, Para. [0151] and Page 15 through Page 16, Para. [0221] and [0223]-[0224]). However, Lee does not explicitly disclose that the second optical property including the second power is dynamically applied by the processor in response to an indication that the head position of the wearer has changed, wherein the first power and the second power are determined based on a model that relates the head position of the wearer to an optical power of the lens.
However, in the same field of endeavor, Blum discloses (see Fig. 5 with Figs. 47a-47c) a method of adjusting optical power in a lens (520, 522) using a processor (540) in a device (500) based on a head position of a wearer (Page 4 through Page 5, Para. [0097]-[0099]), wherein a motion sensor is provided to determine the head position of the wearer, and an optical power of the lens (520, 522) is changed from a first power to a second power in response to an indication that the head position of the wearer has changed, and wherein the first power and the second power are determined based on a model (i.e., a set of rules) that relates the head position of the wearer (see Figs. 47a-47c) to an optical power of the lens (see (520, 522); and see Page 9, Para. [0145]; Page 10, Para. [0149]; Page 13 through Page 14, Para. [0184]; Page 19, Para. [0239]; and Page 20, Para. [0242]). It is an expressed goal of Blum to provide for the dynamic correction of optical power in a lens based on the head position of the wearer in order to reduce fatigue and to automatically adjust the viewing function of the lens based on an implied viewing distance (again, see Page 13 through Page 14, Para. [0184]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Lee with the teachings of Blum, such that the second optical property including the second power is dynamically applied by the processor in response to an indication that the head position of the wearer has changed, wherein the first power and the second power are determined based on a model that relates the head position of the wearer to an optical power of the lens, as suggested by Blum, in order to reduce fatigue and to automatically adjust the viewing function of the lens based on an implied viewing distance.
As pertaining to Claim 12, Lee discloses (see Fig. 2, Fig. 3A, and Fig. 9) that the optic (see (FC, LN)) includes a liquid crystal (LN; again, see Page 10, Para. [0153] and [0161]).
As pertaining to Claim 14, Lee discloses (see Fig. 2, Fig. 3A, and Fig. 9) that the sensor (EX) included an eye-imaging device (again, see Page 14, Para. [0198]-[0203] and [0205]).
As pertaining to Claim 15, Lee discloses (see Fig. 2, Fig. 3A, and Fig. 9) that the sensor (EX) includes a camera (again, see Page 14, Para. [0201]-[0202]).
As pertaining to Claim 16, Lee discloses (see Fig. 2, Fig. 3A, and Fig. 9) that the voltage (i.e., the control voltage) is a first voltage (i.e., to produce the second optical property including the second power),
wherein the lens (LN) is a first lens (i.e., a left lens (LN)) and the device (10) includes a second lens (i.e., a right lens (LN)), the second lens (i.e., the right lens (LN)) including a second optic (see (FC, LN)) configured to provide the second lens (i.e., the right lens (LN)) with a third property (i.e., a third focusing power; again, see Page 9 through Page 10, Para. [0151]-[0154], [0158], and [0161]), and
wherein the method further comprises:
in response to the indication (see (EX)), applying a second voltage (i.e., a control voltage) to the second optic (see (FC, LN)) to cause the second optic (see (FC, LN)) to provide the second lens (i.e., the right lens (LN)) with a fourth property (i.e., a fourth focusing power), the wearer being enabled to see through the second lens (i.e., the right lens (LN)) more clearly with the fourth property (i.e., the fourth focusing power; again, see Page 9 through Page 10, Para. [0151]-[0154], [0158], and [0161] in combination with Page 20, Para. [0242] of Blum).
As pertaining to Claim 17, Lee discloses (see Fig. 2, Fig. 3A, and Fig. 9) that the liquid crystal (LN) includes at least one laminated layer (again, see Page 10, Para. [0161] and Page 11, Para. [0170]).
As pertaining to Claim 18, Lee discloses (see Fig. 2, Fig. 3A, and Fig. 9) that the first power and the second power are based on a prescription (i.e., optometry information) for the wearer (again, see Page 21, Para. [0275] and Page 15, Para. [0210]-[0212]).
As pertaining to Claim 19, Lee discloses (see Fig. 2, Fig. 3A, and Fig. 9) that the optic (see (FC, LN)) includes an electrochromic coating (i.e., an LC layer) configured to change a transmissivity (i.e., a refractive property) of the lens (LN) in response to a change in voltage (i.e., the control voltage) applied to the optic (see Page 10, Para. [0161] and Page 11, Para. [0169]-[0172], for example).
As pertaining to Claim 20, Lee discloses (see Fig. 2, Fig. 3A, and Fig. 9) an electronic apparatus (see Page 14, Para. [0198]), the electronic apparatus comprising:
a memory (see any element of (FC, 11, 12, 13), 20, 30); and
processing circuitry (see (FC, 11, 12, 13), 20, 30) coupled to the memory (again, see any element of (FC, 11, 12, 13), 20, 30), the processing circuitry (again, see (FC, 11, 12, 13), 20, 30) being configured to:
receive, by a processor (i.e., a CPU; see (FC, 11, 12, 13)) disposed in a device (10) that includes a sensor (EX) and a lens (LN), the device (10) being worn by a wearer having a head position (i.e., a head tilt), the sensor (EX) including a motion sensor (i.e., a gyroscope or six-axis sensor), the lens (LN) including an optic (i.e., a variable focus lens and control unit; see (FC, LN)) configured to provide the lens (LN) with a first property including a first power (i.e., a first focusing power), an indication from the sensor (EX) that the head position (i.e., the head tilt) has changed (see Page 9 through Page 10, Para. [0151]-[0154], [0158], and [0161]); and
apply, by the processor (i.e., the CPU; again, see (FC, 11, 12, 13)), a voltage (i.e., a control voltage) to the optic (see (FC, LN)) to cause the optic (see (FC, LN)) to provide the lens (LN) with a second property including a second power (i.e., a second focusing power), wherein the first power (i.e., the first focusing power) and the second power (i.e., the second focusing power) are determined based on a model (i.e., a set of rules; see Page 14, Para. [0198]-[0203] and [0205]; Page 15, Para. [0207]-[0208] and [0210]-[0212]; Page 16, Para. [0223]-[0224] and [0226]; and Page 20, Para. [0268]-[0269]).
Lee discloses a number of context features that are utilized by the processor to determine a focusing power of the lens (LN), including lifestyle information such as gaze and/or head tilting habits (see Page 9, Para. [0151] and Page 15 through Page 16, Para. [0221] and [0223]-[0224]). However, Lee does not explicitly disclose that the second optical property including the second power is dynamically applied by the processor in response to an indication that the head position of the wearer has changed, wherein the first power and the second power are determined based on a model that relates the head position of the wearer to an optical power of the lens.
However, in the same field of endeavor, Blum discloses (see Fig. 5 with Figs. 47a-47c) a method of adjusting optical power in a lens (520, 522) using a processor (540) in a device (500) based on a head position of a wearer (Page 4 through Page 5, Para. [0097]-[0099]), wherein a motion sensor is provided to determine the head position of the wearer, and an optical power of the lens (520, 522) is changed from a first power to a second power in response to an indication that the head position of the wearer has changed, and wherein the first power and the second power are determined based on a model (i.e., a set of rules) that relates the head position of the wearer (see Figs. 47a-47c) to an optical power of the lens (see (520, 522); and see Page 9, Para. [0145]; Page 10, Para. [0149]; Page 13 through Page 14, Para. [0184]; Page 19, Para. [0239]; and Page 20, Para. [0242]). It is an expressed goal of Blum to provide for the dynamic correction of optical power in a lens based on the head position of the wearer in order to reduce fatigue and to automatically adjust the viewing function of the lens based on an implied viewing distance (again, see Page 13 through Page 14, Para. [0184]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Lee with the teachings of Blum, such that the second optical property including the second power is dynamically applied by the processor in response to an indication that the head position of the wearer has changed, wherein the first power and the second power are determined based on a model that relates the head position of the wearer to an optical power of the lens, as suggested by Blum, in order to reduce fatigue and to automatically adjust the viewing function of the lens based on an implied viewing distance.
As pertaining to Claim 21, Lee discloses (see Fig. 2, Fig. 3A, and Fig. 9) that the optic (see (FC, LN)) includes a liquid crystal (LN; again, see Page 10, Para. [0153] and [0161]).
As pertaining to Claim 22, Lee discloses (see Fig. 2, Fig. 3A, and Fig. 9) that the voltage (i.e., the control voltage) is a first voltage (i.e., to produce the second optical property including the second power),
wherein the lens (LN) is a first lens (i.e., a left lens (LN)) and the device (10) includes a second lens (i.e., a right lens (LN)), the second lens (i.e., the right lens (LN)) including a second optic (see (FC, LN)) configured to provide the second lens (i.e., the right lens (LN)) with a third property (i.e., a third focusing power; again, see Page 9 through Page 10, Para. [0151]-[0154], [0158], and [0161]), and
wherein the method further comprises:
in response to the indication (see (EX)), apply a second voltage (i.e., a control voltage) to the second optic (see (FC, LN)) to cause the second optic (see (FC, LN)) to provide the second lens (i.e., the right lens (LN)) with a fourth property (i.e., a fourth focusing power), the wearer being enabled to see through the second lens (i.e., the right lens (LN)) more clearly with the fourth property (i.e., the fourth focusing power; again, see Page 9 through Page 10, Para. [0151]-[0154], [0158], and [0161] in combination with Page 20, Para. [0242] of Blum).
As pertaining to Claim 23, Lee discloses (see Fig. 2, Fig. 3A, and Fig. 9) that the optic (see (FC, LN)) includes an electrochromic coating (i.e., an LC layer) configured to change a transmissivity (i.e., a refractive property) of the lens (LN) in response to a change in voltage (i.e., the control voltage) applied to the optic (see Page 10, Para. [0161] and Page 11, Para. [0169]-[0172], for example).
Response to Arguments
Applicant's arguments filed 10 September 2026 have been fully considered but they are not persuasive. The applicant has asserted that none of the references relied upon by the examiner in the prior Office Action, particularly Lee and Blum, teach or fairly suggest that “the first power and the second power are determined based on a model that relates the head position of the wearer to an optical power of the lens” (see Remarks at Pages 8 and 9). The examiner respectfully disagrees.
The applicant has specifically argued that the teachings of Lee do not provide for the claimed “first power” and “second power” that are “determined based on a model that relates the head position… to an optical power…” because the teachings of Lee are limited to “a learning model that is generated based on lifestyle information such as heat tilt habits…” rather than a current “head position” (see Remarks at Page 8). The examiner generally agrees. However, the applicant has further argued that the teachings of Blum likewise fail to provide for the “first power” and “second power” that are “determined based on a model that relates the head position… to an optical power…” because the teachings of Blum are limited to “changing a state of an electro-active lens based on a head tilt” via a “mercury switch” (see Remarks at Page 9). In this regard, the examiner respectfully disagrees. The examiner initially points out that the claimed invention does not recite any particular “model” that is utilized to determine the claimed “first power” and the “second power.” Thus, the term “model” is given its plain meaning in the claims. Blum explicitly discloses, with reference to Figures 47a-47c, a method for determining and/or adjusting optical power in a lens from at least a first power to a second power based on a model, or a set of rules, that relates a head position of a wearer to the optical power. In this regard, as noted by the applicant, Blum explicitly discloses a means for determining head position using a “tilt switch” having an “open” or a “closed” position (see Page 19 through Page 20, Para. [0239]-[0240]). However, Blum also discloses that a “tilt switch” can “determine the angle of tilt of the wearer’s head” (see Page 20, Para. [0241]). Further, Blum discloses that the means for determining head position can include a “micro-gyroscope” or a “micro-accelerometer” that can “determine the position of the wearer’s head, and adjust power… accordingly” (again, see Page 20, Para. [0241]). As an example implementation, Blum expressly states that “when one’s head tilts, the microgyroscope sends a signal to the controller indicating the degree of head tilt, which is then converted into increased focusing power, depending on the severity of the tilt” (see Page 20, Para. [0242]). Thus, Blum plainly provides for the claimed “first power” and “second power” that are “determined based on a model that relates the head position of the wearer to an optical power of the lens.” The examiner respectfully maintains that it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Lee with the teachings of Blum in order to reduce fatigue and to automatically adjust the viewing function of the lens based on an implied viewing distance, as suggested by Blum.
Therefore, the rejection of Claims 1-2, 4-12, and 14-23 is maintained.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The prior art is replete with smartglasses devices implementing adaptive lenses configured to adjust focusing power based on various contexts. At least Zurauskas (US 2024 / 0337866), Melakari et al. (US 2023 / 0258959), and Stipe et al. (US 2023 / 0057524) disclose such devices.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON M MANDEVILLE whose telephone number is (571)270-3136. The examiner can normally be reached Mon - Fri 7:30AM-4:00PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chanh Nguyen can be reached at 571-272-7772. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON M MANDEVILLE/Primary Examiner, Art Unit 2623
