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 § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-23 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lee et al. (hereinafter “Lee” US 2024 / 0319522).
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 context (i.e., a condition of the wearer), 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 optical property (i.e., a first focusing power), an indication from the sensor (EX) that the context of the wearer (i.e., the condition of the wearer) has changed (see Page 9 through Page 10, Para. [0151]-[0154], [0158], and [0161]); and
in response to the indication, 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 optical property (i.e., a second focusing power; 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]).
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), the first optical property (i.e., the first focusing power) includes a first power, and the second optical property (i.e., the second focusing power) includes a second power (again, see Page 9 through Page 10, Para. [0151]-[0154], [0158], and [0161]).
As pertaining to Claim 3, Lee discloses (see Fig. 2, Fig. 3A, and Fig. 9) that the context (i.e., any arbitrary condition) is a head position, and the sensor (EX) is an inertial measurement unit (i.e., a six-axis sensor; see Page 10, Para. [0158]; Page 16, Para. [0223]-[0224]).
As pertaining to Claim 4, Lee discloses (see Fig. 2, Fig. 3A, and Fig. 9) that the context (i.e., any arbitrary condition) is an gaze angle, and the sensor (EX) is 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 context (i.e., any arbitrary condition) is a viewing environment, and the sensor (EX) is 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 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 optical 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 another 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 optical 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 optical property (i.e., the fourth focusing power; again, 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]).
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 optical 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 context (i.e., a condition of the wearer), 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 optical property (i.e., a first focusing power), an indication from the sensor (EX) that the context of the wearer (i.e., the condition of the wearer) has changed (see Page 9 through Page 10, Para. [0151]-[0154], [0158], and [0161]); and
in response to the indication, 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 optical property (i.e., a second focusing power; 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]).
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), the first optical property (i.e., the first focusing power) includes a first power, and the second optical property (i.e., the second focusing power) includes a second power (again, see Page 9 through Page 10, Para. [0151]-[0154], [0158], and [0161]).
As pertaining to Claim 13, Lee discloses (see Fig. 2, Fig. 3A, and Fig. 9) that the context (i.e., any arbitrary condition) is a head position, and the sensor (EX) is an inertial measurement unit (i.e., a six-axis sensor; see Page 10, Para. [0158]; Page 16, Para. [0223]-[0224]).
As pertaining to Claim 14, Lee discloses (see Fig. 2, Fig. 3A, and Fig. 9) that the context (i.e., any arbitrary condition) is an gaze angle, and the sensor (EX) is 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 context (i.e., any arbitrary condition) is a viewing environment, and the sensor (EX) is 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 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 optical 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 another 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 optical 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 optical property (i.e., the fourth focusing power; again, 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]).
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 context (i.e., a condition of the wearer), 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 optical property (i.e., a first focusing power), an indication from the sensor (EX) that the context of the wearer (i.e., the condition of the wearer) has changed (see Page 9 through Page 10, Para. [0151]-[0154], [0158], and [0161]); and
in response to the indication, 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 optical property (i.e., a second focusing power; 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]).
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), the first optical property (i.e., the first focusing power) includes a first power, and the second optical property (i.e., the second focusing power) includes a second power (again, see Page 9 through Page 10, Para. [0151]-[0154], [0158], and [0161]).
As pertaining to Claim 22, Lee discloses (see Fig. 2, Fig. 3A, and Fig. 9) that 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 optical 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 another 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 optical 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 optical property (i.e., the fourth focusing power; again, 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]).
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 12 November 2025 have been fully considered but they are not persuasive. The applicant has asserted that the none of the references relied upon by the examiner in the prior Office Action, particularly Lee, teach or fairly suggest “a device” that includes “a sensor and a lens” and further includes a “processor disposed in the device” that receives “an indication from the sensor that the context of the wearer has changed” and that, “in response to the indication, applying, by the processor, a voltage to the optic…” (see Remarks at Pages 9 through 11). The examiner respectfully disagrees.
Firstly, the claimed invention requires a “device” that includes a sensor, a lens, and a processor. Lee clearly discloses (see Fig. 2 and Fig. 9) a device (10) that includes a sensor (EX), a lens (LN), and a processor as a CPU (see (FC, 11, 12, 13); and see Page 14, Para. [0198]). In this regard, Lee discloses that the processor (FC, 11, 12, 13) receives “an indication,” namely sensor signals, from the sensor (EX) indicating a “context” of the wearer, and subsequently transmits that “indication” to a server device (30) via a transmitting unit (11) of the processor (again, see (FC, 11, 12, 13); see Page 10, Para. [0158]). In response to the “indication,” the processor (FC, 11, 12, 13) receives instruction from the server device (30) via receiving unit (12) and storage unit (13) of the processor (FC, 11, 12, 13) and applies a voltage to the optic (FC, LN) to cause the optic (FC, LN) to provide the lens (LN) with a “second optical property” as an updated focusing power (see Para. [0200], [0205], [0207]-[0208], and [0268]-[0269] in combination with Page 9 through Page 10, Para. [0151]-[0152]). There is nothing recited in the claims that would distinguish the structure and function of the claimed “device” from that disclosed by Lee.
Therefore, the rejection of Claims 1-23 is maintained.
In addition, the examiner respectfully reiterates that at least the references to Zurauskas, Melakari et al., and Stipe et al., cited by the examiner at pertinent prior art in the previous Office Action, all disclose the features of at least independent Claims 1, 11, and 20.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JASON M MANDEVILLE/Primary Examiner, Art Unit 2623