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 .
Claims 17 and 21 have been amended. Claims 2, 5, 8, 10-11, and 16 are cancelled. Claims 22-26 have been newly added. Claims 1, 3-4, 6-7, 9, 12-15, and 17-26 are currently under review.
Response to Arguments
Applicant's arguments filed June 22, 2026 have been fully considered but they are not persuasive. The Applicant argues on page 9 of the remarks that the claims recite “wherein the occlusion layer is responsive to a first light condition and a second light condition, wherein the first light condition is different from the second light condition, and wherein the first light condition corresponds to the virtual reality scene and the second light condition corresponds to a real-world scene” is not taught by the cited references and that a broad interpretation is applied to “light condition”. The Applicant further argues on page 10 of the remarks that an interpretation must be consistent with the specification as it would be interpreted by one of ordinary skill in the art. The Applicant further argues that a “light condition” plainly and unambiguously refers to a physical or simulated condition of illumination, such as light intensity, brightness, or lighting color and argues that Fateh does not teach the same and that it cannot be interpreted as a software application mode or content type which contradicts Applicant’s definition of a light condition being a simulated condition of illumination (simulated is via software).
The Office disagrees. The specification is silent to the limitations, “light condition”. Fateh teaches visual stabilizers in paragraph 49 and indicates that “Various properties of the visual stabilizers (e.g., brightness, contrast, size) can be modified based on which viewing field includes the focal point 1480”. Fateh teaches in paragraph 93 that “Once visual stabilizers have been generated, they can be integrated into the digital content to be shown to the user (e.g., by superimposing the visual stabilizers on top of the digital content). Visual stabilizers can be used to improve a variety of issues that plague users of HMDs, including the fatigue experienced because there is no change in focal distance”, in paragraph 94, “The visual stabilizers provide visual cues that help the user merge or “lock” the images together”, and in paragraph 98, “visual stabilizers can be used with augmented reality content, visual reality content, and mixed (i.e., some combination of augmented and virtual reality) content” where the virtual stabilizers in virtual reality content corresponds to a first light condition of the virtual reality scene and the visual stabilizers in a real world scene corresponds to a second light condition of a real world scene. The claim limitations do not define “light condition”, as per paragraph 74 of the instant specification “light condition” should be replaced with “instruction that indicates transparent intensity levels of the occlusion layer” or “instruction that indicates translucent intensity level of the occlusion layer”.
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, 4-6, 11, and 18-22 are rejected under 35 U.S.C. 103 as being unpatentable over Fateh (Pub. No.: US 2016/0133170 A1) in view of Osman (Pub. No.: US 2018/0096533 A1).
With respect to Claim 1, Fateh teaches a device (figs. 2A, 3A, or 3B, items 200A, 300A, or 300B; ¶57; ¶68) comprising: a plurality of temples having a first temple and a second temple (fig. 2A, item 200A comprises a first temple and left temple; figs. 3A and 3B, item 306 comprises a first temple and a second temple (left arm and right arm)); a nose bridge (fig. 2A, central part of 200A fitting over the nose) configured to be situated on a nose of a user; and a plurality of display portions having a first display portion (fig. 2A, left side of item 210; ¶61) and a second display portion (fig. 2A, right side of item 210), wherein the first display portion is located between the nose bridge and the first temple and the second display portion is located between the nose bridge and the second temple (fig. 2A), wherein the first and second display portions have a plurality of sub-portions configured to display one or more images of a virtual reality scene or an augmented reality scene (¶69, “An electronics module 318 can process the digital content (e.g., virtual reality content, augmented reality content) projected by the image display system 310 to one or both of the user's eyes”; ¶95, “The visual stabilizers can be located in the peripheral areas of the digital image”, the display area excluding the peripheral areas of each first display portion and second display portion comprises a plurality of sub-portions), and the first and second display portions have a plurality of additional sub-portions that are configured to display one or more images of an area occupied by visual stabilizers (¶95, “The visual stabilizers can be located in the peripheral areas of the digital image”, the peripheral area where the visual stabilizer are located of each first display portion and second display portion comprises a plurality of additional sub-portions), and wherein the area occupied by the visual stabilizers is responsive to a first light condition and a second light condition (fig. 6B; ¶98, “visual stabilizers can be used with augmented reality content”, the first light condition corresponds to visual stabilizers which are virtual reality objects, the second light condition corresponds to a real-world), wherein the first light condition is different from the second light condition (fig. 6B item 632 and 636 comprises a first light condition that is different from the displayed content of a second light condition = real world scene in augmented reality), and wherein the first light condition corresponds to the virtual reality scene (fig. 6B, item 632 and 636 are visual stabilizers which corresponds to virtual reality object of a first light condition; ¶49, “the HMD may generate and display a series of visual stabilizers (e.g., frame, clouds, trees)” which are part of a virtual reality scene) and the second light condition corresponds to a real-world scene (¶98, “visual stabilizers can be used with augmented reality content, virtual reality content, and mixed (i.e., some combination of augmented and virtual reality) content” – augmented reality content comprises a real-world scene).
Fateh does not teach the area occupied by visual stabilizers is an occlusion layer between eyes of the user and the nose of the user to occlude the nose.
Osman teaches a device (fig. 1A, item 102; ¶65) comprising: a plurality of display portions having a first display portion (fig. 5A, item 550a: left eye) and a second display portion (fig. 5A, item 550b: right eye), wherein the first and second display portions are configured to display one or more images of a virtual reality scene (¶108); and the first and second display portions have a plurality of additional sub-portions that are configured to display one or more images of an occlusion layer between eyes of the user and the nose of the user to occlude the nose (fig. 5A, items 502a and 502b; fig. 5B, items 504a and 504b; fig. 5C, items 510a, 510b, 506a, and 506b; fig. 5D, item 510a, 510b, 508a, and 508b; ¶109-115).
Therefore it would have been obvious to a person of ordinary skill in the art to modify the device of Fateh, such that the area occupied by the visual stabilizers corresponds to the occlusion layer of Osman and the visual stabilizers corresponds to nose image data of Osman resulting in an occlusion layer between eyes of the user and the nose of the user to occlude the nose, as taught by Osman, so as to enhance the reality or perception of reality experience by a user looking into virtual-reality content (¶116).
With respect to Claim 4, claim 1 is incorporated, Fateh does not teach wherein the plurality of sub-portions on which the virtual reality scene is displayed include a first sub-portion and a second sub-portion, and the plurality of additional sub-portions include a first additional sub-portion and a second additional sub-portion, wherein the first sub-portion is closer to the first temple compared to the first additional sub-portion, and the second sub-portion is closer to the second temple compared to the second additional sub-portion.
Osman teaches a device (fig. 1A, item 102; ¶65) comprising: a plurality of display portions having a first display portion (fig. 5A, item 550a: left eye) and a second display portion (fig. 5A, item 550b: right eye), wherein the first and second display portions are configured to display one or more images of a virtual reality scene (¶108); and the first and second display portions have a plurality of additional sub-portions that are configured to display one or more images of an occlusion layer between eyes of the user and the nose of the user to occlude the nose (fig. 5A, items 502a and 502b; fig. 5B, items 504a and 504b; fig. 5C, items 510a, 510b, 506a, and 506b; fig. 5D, item 510a, 510b, 508a, and 508b; ¶109-115); wherein the plurality of additional sub-portions are configured to block a view of the nose of the user (figs. 5A to 5D; ¶110-111); wherein the plurality of sub-portions on which the virtual reality scene is displayed include a first sub-portion (figs. 5A-5D; ¶108 – first sub-portion corresponds to virtual reality scene provided to the left eye on the left display) and a second sub-portion (figs. 5A-5D; ¶108 – second sub-portion corresponds to virtual reality scene provided to the right eye on the right display), and the plurality of additional sub-portions include a first additional sub-portion (figs. 5A-5D; ¶110-115 – first additional sub-portion corresponds to shadow and/or nose image data on the left display) and a second additional sub-portion (figs. 5A-5D; ¶110-115 – second additional sub-portion corresponds to shadow and/or nose image data on the right display), wherein the first sub-portion is closer to the first temple compared to the first additional sub-portion (figs. 5A-5D), and the second sub-portion is closer to the second temple compared to the second additional sub-portion (figs. 5A-5D).
Therefore it would have been obvious to a person of ordinary skill in the art to modify the device of Fateh, wherein the plurality of sub-portions on which the virtual reality scene is displayed include a first sub-portion and a second sub-portion, and the plurality of additional sub-portions include a first additional sub-portion and a second additional sub-portion, wherein the first sub-portion is closer to the first temple compared to the first additional sub-portion, and the second sub-portion is closer to the second temple compared to the second additional sub-portion, as taught by Osman, so as to enhance the reality or perception of reality experience by a user looking into virtual-reality content (¶116).
With respect to Claim 5, claim 4 is incorporated, Fateh does not teach wherein the first additional sub-portion is smaller than the first sub-portion and the second additional sub-portion is smaller than the second sub-portion.
Osman teaches a device (fig. 1A, item 102; ¶65) comprising: a plurality of display portions having a first display portion (fig. 5A, item 550a: left eye) and a second display portion (fig. 5A, item 550b: right eye), wherein the first and second display portions are configured to display one or more images of a virtual reality scene (¶108); and the first and second display portions have a plurality of additional sub-portions that are configured to display one or more images of an occlusion layer between eyes of the user and the nose of the user to occlude the nose (fig. 5A, items 502a and 502b; fig. 5B, items 504a and 504b; fig. 5C, items 510a, 510b, 506a, and 506b; fig. 5D, item 510a, 510b, 508a, and 508b; ¶109-115); wherein the plurality of additional sub-portions are configured to block a view of the nose of the user (figs. 5A to 5D; ¶110-111); wherein the plurality of sub-portions on which the virtual reality scene is displayed include a first sub-portion (figs. 5A-5D; ¶108 – first sub-portion corresponds to virtual reality scene provided to the left eye on the left display) and a second sub-portion (figs. 5A-5D; ¶108 – second sub-portion corresponds to virtual reality scene provided to the right eye on the right display), and the plurality of additional sub-portions include a first additional sub-portion (figs. 5A-5D; ¶110-115 – first additional sub-portion corresponds to shadow and/or nose image data on the left display) and a second additional sub-portion (figs. 5A-5D; ¶110-115 – second additional sub-portion corresponds to shadow and/or nose image data on the right display), wherein the first sub-portion is closer to the first temple compared to the first additional sub-portion (figs. 5A-5D), and the second sub-portion is closer to the second temple compared to the second additional sub-portion (figs. 5A-5D); wherein the first additional sub-portion is smaller than the first sub-portion and the second additional sub-portion is smaller than the second sub-portion (figs. 5A-5D; the location of the shadow and/or nose on both the left display and the right display occupies a smaller portion of each corresponding display therefore the first additional sub-portion is smaller than the first sub-portion and the second additional sub-portion is smaller than the second sub-portion).
Therefore it would have been obvious to a person of ordinary skill in the art to modify the device of Fateh, wherein the first additional sub-portion is smaller than the first sub-portion and the second additional sub-portion is smaller than the second sub-portion, as taught by Osman, so as to enhance the reality or perception of reality experience by a user looking into virtual-reality content (¶116).
With respect to Claim 6, claim 1 is incorporated, Fateh teaches wherein the user is a first user (¶103, “a plurality of visual stabilizers shown to a first user can be different than those shown to a second user”), wherein the device further comprises: a first rim contiguous with the nose bridge (fig. 2A, left side of the frame surrounding the left lens – may be either upper or lower or both); a second rim contiguous with the nose bridge (fig. 2A, right side of the frame surrounding the right lens); a plurality of sensors coupled to the first and second rims (fig. 2A, item 214; ¶57), wherein the plurality of sensors are configured to capture a first information regarding the local environment of the first user (¶62, “Sensor(s) 214 may be a camera configured to capture the user's interactions with the local environment, a light sensor configured to track illuminance levels within the local environment”).
Fateh does not teach wherein the plurality of sensors are configured to capture first information regarding sizes and shapes of one or more silhouettes of the nose of the first user; a communication device coupled to the plurality of sensors, wherein the communication device is configured to send the first information via a computer network to a server system, wherein upon sending the first information, the communication device is configured to receive instructions having a size and shape of the occlusion layer; and a processor coupled to the communication device, wherein the processor is configured to display the occlusion layer according to the size and shape; wherein the plurality of sensors are configured to capture a second information regarding sizes and shapes of one or more silhouettes of a nose of a second user when the second user wears the device, wherein the communication device is configured to send the second information via the computer network to the server system, wherein upon sending the second information, the communication device is configured to receive a plurality of modifications to the size and shape of the occlusion layer, wherein the processor is configured to modify the occlusion layer according to the plurality of modifications to the size and shape.
Osman teaches a device (fig. 1A, item 102; ¶65) comprising: a plurality of display portions having a first display portion (fig. 5A, item 550a: left eye) and a second display portion (fig. 5A, item 550b: right eye), wherein the first and second display portions are configured to display one or more images of a virtual reality scene (¶108); and the first and second display portions have a plurality of additional sub-portions that are configured to display one or more images of an occlusion layer between eyes of the user and the nose of the user to occlude the nose (fig. 5A, items 502a and 502b; fig. 5B, items 504a and 504b; fig. 5C, items 510a, 510b, 506a, and 506b; fig. 5D, item 510a, 510b, 508a, and 508b; ¶109-115); further comprising: a plurality of sensors (figs. 2A and 2B, item 206; ¶81, “the proximity sensor 206 can be defined by multiple sensors of more than one type, in order to generate or produce data sufficient to map and define geometric surfaces and shapes of the nose 204 the user 10”) are coupled to a display housing (¶78), wherein the plurality of sensors are configured to capture a first information regarding sizes and shapes of one or more silhouettes of the nose of the user (¶59-61; ¶79; ¶109; ¶125-126 – first user profile); a communication device (fig. 1A, item 106; ¶70-71) coupled to the plurality of sensors, wherein the communication device is configured to send the first information via a computer network (fig. 1A, item 110; ¶71) to a server system (fig. 1A, item 112; ¶70-71), wherein upon sending the first information, the communication device is configured to receive instructions having a size and a shape of an occlusion layer (figs. 5A to 5D; ¶110-112 – the occlusion layer is the location of augmented nose image data); and a processor (fig. 9, item 900) coupled to the communication device (¶66, the processor of item 102 in fig. 1 is coupled to item 106: communication device via wired or wireless connection), wherein the processor is configured to display the occlusion layer according to the size and shape (¶146); wherein the plurality of sensors are configured to capture a second information regarding sizes and shapes of one or more silhouettes of a nose of a second user when the second user wears the device (¶109; ¶125-126 – second user profile), wherein the communication device is configured to send the second information via the computer network (fig. 1A, item 110; ¶71 – second user profile) to the server system (fig. 1A, item 112; ¶70-71 – second user profile), wherein upon sending the second information, the communication device is configured to receive a plurality of modifications to the size and shape of the occlusion layer (figs. 5A to 5D; ¶110-112 – the occlusion layer is the location of augmented nose image data – for the second user), wherein the processor is configured to modify the occlusion layer according to the plurality of modifications to the size and shape (¶112, “it should be understood that the space that is augmented for the image data of the virtual-reality content can change, depending on the size, shape, and general surfaces of the nose and geometries”).
Therefore it would have been obvious to a person of ordinary skill in the art to modify the wearable device of Fateh, wherein the plurality of sensors are configured to capture a first information regarding sizes and shapes of one or more silhouettes of a nose of a first user; a communication device coupled to the one or more sensors, wherein the communication device is configured to send the first information via a computer network to a server system, wherein upon sending the first information, the communication device is configured to receive instructions having a size and shape of the occlusion layer; and a processor coupled to the communication device, wherein the processor is configured to display the occlusion layer according to the size and shape; wherein the plurality of sensors are configured to capture a second information regarding sizes and shapes of one or more silhouettes of a nose of a second user when the second user wears the device, wherein the communication device is configured to send the second information via the computer network to the server system, wherein upon sending the second information, the communication device is configured to receive a plurality of modifications to the size and shape of the occlusion layer, wherein the processor is configured to modify the occlusion layer according to the plurality of modifications to the size and shape, as taught by Osman, so as to enhance the reality or perception of reality experience by a user looking into virtual-reality content (¶116).
With respect to Claim 11, claim 1 is incorporated, Fateh does not teach wherein the occlusion layer is configured to be modified to have a plurality of opacities, wherein the plurality of opacities are based on a plurality of intensity levels of lights emitted from the virtual reality scene and an additional virtual reality scene.
Osman teaches a device (fig. 1A, item 102; ¶65) comprising: a plurality of display portions having a first display portion (fig. 5A, item 550a: left eye) and a second display portion (fig. 5A, item 550b: right eye), wherein the first and second display portions are configured to display a virtual reality scene (¶108); wherein the first and second display portion have a plurality of sub-portions (figs. 5A to 5D, left side of item 550a that does not include the nose image data and right side of item 550b that does not include the nose image data) configured to display a virtual reality scene (figs. 5A to 5D), and the first and second display portions have a plurality of additional sub-portions (figs. 5A to 5D, right side of item 550a and left side of item 550b that include nose image data) that are configured to display an occlusion layer; wherein the occlusion layer is configured to be modified to have a plurality of opacities (figs. 5A to 5D, the right side of item 550a and left side of item 550b may have varying nose image data covering the actual nose area – therefore since the nose image varies there are some instances where the occlusion layer does not have an area covered by image data and therefore is modified to have a plurality of opacities), wherein the plurality of opacities are based on a plurality of intensity levels of lights emitted from the virtual reality scene and an additional virtual reality scene (¶110-111).
Therefore it would have been obvious to a person of ordinary skill in the art to modify the device of Fateh, wherein the occlusion layer is configured to be modified to have a plurality of opacities, wherein the plurality of opacities are based on a plurality of intensity levels of lights emitted from the virtual reality scene and an additional virtual reality scene, as taught by Osman, so as to provide a wearable device that would provide a more realistic view into the virtual-reality space (¶112).
With respect to Claim 18, Fateh teaches a device (figs. 2A, 3A, or 3B, items 200A, 300A, or 300B; ¶57; ¶68) comprising: a nose bridge (fig. 2A, central part of 200A fitting over the nose) configured to be situated on a nose of a user; and a plurality of display portions having a first display portion (fig. 2A, left side of item 210; ¶61) and a second display portion (fig. 2A, right side of item 210), wherein the first and second display portions have a plurality of sub-portions configured to display one or more images of a virtual reality scene or an augmented reality scene (¶69, “An electronics module 318 can process the digital content (e.g., virtual reality content, augmented reality content) projected by the image display system 310 to one or both of the user's eyes”; ¶95, “The visual stabilizers can be located in the peripheral areas of the digital image”, the display area excluding the peripheral areas of each first display portion and second display portion comprises a plurality of sub-portions), and the first and second display portions have a plurality of additional sub portions that are configured to display one or more images of an area occupied by visual stabilizers (¶95, “The visual stabilizers can be located in the peripheral areas of the digital image”, the peripheral area where the visual stabilizer are located of each first display portion and second display portion comprises a plurality of additional sub-portions), wherein the area occupied by the visual stabilizers is responsive to a first light condition and a second light condition (fig. 6B; ¶98, “visual stabilizers can be used with augmented reality content”, the first light condition corresponds to visual stabilizers which are virtual reality objects, the second light condition corresponds to a real-world), wherein the first light condition is different from the second light condition (fig. 6B item 632 and 636 comprises a first light condition that is different from the displayed content of a second light condition = real world scene in augmented reality), and wherein the first light condition corresponds to the virtual reality scene (fig. 6B, item 632 and 636 are visual stabilizers which corresponds to virtual reality object of a first light condition; ¶49, “the HMD may generate and display a series of visual stabilizers (e.g., frame, clouds, trees)” which are part of a virtual reality scene) and the second light condition corresponds to a real-world scene (¶98, “visual stabilizers can be used with augmented reality content, virtual reality content, and mixed (i.e., some combination of augmented and virtual reality) content” – augmented reality content comprises a real-world scene).
Fateh does not teach the area occupied by visual stabilizers is an occlusion layer between eyes of the user and the nose of the user to occlude the nose and wherein each of the plurality of additional sub-portions is closer to the nose bridge than each of the plurality of sub-portions.
Osman teaches a device (fig. 1A, item 102; ¶65) comprising: a plurality of display portions having a first display portion (fig. 5A, item 550a: left eye) and a second display portion (fig. 5A, item 550b: right eye), wherein the first and second display portions are configured to display one or more images of a virtual reality scene (¶108); and the first and second display portions have a plurality of additional sub-portions that are configured to display one or more images of an occlusion layer between eyes of the user and the nose of the user to occlude the nose (fig. 5A, items 502a and 502b; fig. 5B, items 504a and 504b; fig. 5C, items 510a, 510b, 506a, and 506b; fig. 5D, item 510a, 510b, 508a, and 508b; ¶109-115), wherein each of the plurality of additional sub-portions is closer to the nose bridge than each of the plurality of sub-portions (figs. 5A-5D).
Therefore it would have been obvious to a person of ordinary skill in the art to modify the device of Fateh, such that the area occupied by the visual stabilizers corresponds to the occlusion layer of Osman and the visual stabilizers corresponds to nose image data of Osman resulting in an occlusion layer between eyes of the user and the nose of the user to occlude the nose, wherein each of the plurality of additional sub-portions is closer to the nose bridge than each of the plurality of sub-portions, as taught by Osman, so as to enhance the reality or perception of reality experience by a user looking into virtual-reality content (¶116).
With respect to Claim 19, claim 18 is incorporated, Fateh does not teach wherein the plurality of additional sub-portions are configured not to display a plurality of images of a virtual nose of a user, or not to display the virtual reality scene, or to block a view of the nose of the user, or a combination thereof.
Osman teaches a device (fig. 1A, item 102; ¶65) comprising: a plurality of display portions having a first display portion (fig. 5A, item 550a: left eye) and a second display portion (fig. 5A, item 550b: right eye), wherein the first and second display portions are configured to display one or more images of a virtual reality scene (¶108); and the first and second display portions have a plurality of additional sub-portions that are configured to display one or more images of an occlusion layer between eyes of the user and the nose of the user to occlude the nose (fig. 5A, items 502a and 502b; fig. 5B, items 504a and 504b; fig. 5C, items 510a, 510b, 506a, and 506b; fig. 5D, item 510a, 510b, 508a, and 508b; ¶109-115); wherein the plurality of additional sub-portions are configured to block a view of the nose of the user (figs. 5A to 5D; ¶110-111).
Therefore it would have been obvious to a person of ordinary skill in the art to modify the device of Fateh, wherein the plurality of additional sub-portions are configured to block a view of the nose of the user, as taught by Osman, so as to enhance the reality or perception of reality experience by a user looking into virtual-reality content (¶116).
With respect to Claim 20, claim 18 is incorporated, Fateh teaches wherein the user is a first user (¶103, “a plurality of visual stabilizers shown to a first user can be different than those shown to a second user”), wherein the device further comprises: a plurality of sensors (fig. 2A, item 214; ¶57) configured to capture first information regarding the local environment of the first user (¶62, “Sensor(s) 214 may be a camera configured to capture the user's interactions with the local environment, a light sensor configured to track illuminance levels within the local environment”).
Fateh does not teach wherein the plurality of sensors are configured to capture first information regarding sizes and shapes of one or more silhouettes of the nose of the first user; a communication device coupled to the one or more sensors, wherein the communication device is configured to send the first information via a computer network to a server system, wherein upon sending the first information, the communication device is configured to receive instructions having a size of the occlusion layer; and a processor coupled to the communication device, wherein the processor is configured to display the occlusion layer according to the size of the occlusion layer; wherein the plurality of sensors are configured to capture second information regarding sizes and shapes of one or more silhouettes of a nose of a second user, wherein the communication device is configured to send the second information via the computer network to the server system, wherein upon sending the second information, the communication device is configured to receive instructions regarding a plurality of modifications to the size of the occlusion layer, wherein the processor is configured to modify the occlusion layer according to the plurality of modifications to the size and shape.
Osman teaches a device (fig. 1A, item 102; ¶65) comprising: a plurality of display portions having a first display portion (fig. 5A, item 550a: left eye) and a second display portion (fig. 5A, item 550b: right eye), wherein the first and second display portions are configured to display one or more images of a virtual reality scene (¶108); and the first and second display portions have a plurality of additional sub-portions that are configured to display one or more images of an occlusion layer between eyes of the user and the nose of the user to occlude the nose (fig. 5A, items 502a and 502b; fig. 5B, items 504a and 504b; fig. 5C, items 510a, 510b, 506a, and 506b; fig. 5D, item 510a, 510b, 508a, and 508b; ¶109-115); further comprising: a plurality of sensors (figs. 2A and 2B, item 206; ¶81, “the proximity sensor 206 can be defined by multiple sensors of more than one type, in order to generate or produce data sufficient to map and define geometric surfaces and shapes of the nose 204 the user 10”) are coupled to a display housing (¶78), wherein the plurality of sensors are configured to capture a first information regarding sizes and shapes of one or more silhouettes of the nose of the user (¶59-61; ¶79; ¶109; ¶125-126 – first user profile); a communication device (fig. 1A, item 106; ¶70-71) coupled to the plurality of sensors, wherein the communication device is configured to send the first information via a computer network (fig. 1A, item 110; ¶71) to a server system (fig. 1A, item 112; ¶70-71), wherein upon sending the first information, the communication device is configured to receive instructions having a size of the occlusion layer (figs. 5A to 5D; ¶110-112 – the occlusion layer is the location of augmented nose image data); and a processor (fig. 9, item 900) coupled to the communication device (¶66, the processor of item 102 in fig. 1 is coupled to item 106: communication device via wired or wireless connection), wherein the processor is configured to display the occlusion layer according to the size of the occlusion layer (¶146); wherein the plurality of sensors are configured to capture second information regarding sizes and shapes of one or more silhouettes of a nose of a second user (¶109; ¶125-126 – second user profile), wherein the communication device is configured to send the second information via the computer network (fig. 1A, item 110; ¶71 – second user profile) to the server system (fig. 1A, item 112; ¶70-71 – second user profile), wherein upon sending the second information, the communication device is configured to receive instructions regarding a plurality of modifications to the size of the occlusion layer (figs. 5A to 5D; ¶110-112 – the occlusion layer is the location of augmented nose image data – for the second user), wherein the processor is configured to modify the occlusion layer according to the plurality of modifications (¶112, “it should be understood that the space that is augmented for the image data of the virtual-reality content can change, depending on the size, shape, and general surfaces of the nose and geometries”).
Therefore it would have been obvious to a person of ordinary skill in the art to modify the device of Fateh, wherein the plurality of sensors are configured to capture a first information regarding sizes and shapes of one or more silhouettes of the nose of the first user; a communication device coupled to the one or more sensors, wherein the communication device is configured to send the first information via a computer network to a server system, wherein upon sending the first information, the communication device is configured to receive instructions having a size of the occlusion layer; and a processor coupled to the communication device, wherein the processor is configured to display the occlusion layer according to the size of the occlusion layer; wherein the plurality of sensors are configured to capture second information regarding sizes and shapes of one or more silhouettes of a nose of a second user, wherein the communication device is configured to send the second information via the computer network to the server system, wherein upon sending the second information, the communication device is configured to receive instructions regarding a plurality of modifications to the size of the occlusion layer, wherein the processor is configured to modify the occlusion layer according to the plurality of modifications to the size and shape, as taught by Osman, so as to enhance the reality or perception of reality experience by a user looking into virtual-reality content (¶116).
With respect to Claim 21, claim 1 is incorporated, Fateh teaches wherein the first light condition includes at least one light condition of the virtual reality scene (fig. 6B, item 632 and 636 are visual stabilizers which corresponds to virtual reality object of a first light condition; ¶49, “the HMD may generate and display a series of visual stabilizers (e.g., frame, clouds, trees)” which are part of a virtual reality scene) and the second light condition includes at least one light condition associated with a real-world nose (¶98, “visual stabilizers can be used with augmented reality content, virtual reality content, and mixed (i.e., some combination of augmented and virtual reality) content” – augmented reality content comprises a real-world scene; please note that a user wearing spectacles inherently sees a portion of their real-world nose and therefore in augmented reality in which virtual content is overlaid, the user would see a portion of their real-world nose), wherein the real-world nose is illuminated by at least one of a real-world light source (fig. 2A).
With respect to Claim 22, claim 1 is incorporated, Fateh teaches wherein the first light condition comprises a first light intensity level of the virtual reality scene (¶49, “the HMD may generate and display a series of visual stabilizers (e.g., frame, clouds, trees) … Various properties of the visual stabilizers (e.g., brightness, contrast, size) can be modified based on which viewing field includes the focal point 1480”; ¶97, “visual stabilizers can be used with … virtual reality content”), and the second light condition comprises a second light intensity level of the real-world scene (¶49; ¶98, “visual stabilizers can be used with augmented reality content” – augmented reality comprises the real-world scene).
Claim 3 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Fateh and Osman as applied to claim 1, and further in view of Shuster et al. (Pub. No.: US 2016/0086378 A1) hereinafter referred to as Shuster.
With respect to Claim 3, claim 1 is incorporated, Fateh and Osman combined do not mention wherein the virtual reality scene is refreshed at a higher rate compared to a refresh rate of the occlusion layer.
Shuster teaches a device (fig. 1, items 106, 108, 110, 112, 116; ¶19, “the client devices 106, 108, 110, 112, 116 for display utilizing the immersive displays, which may be, for example, head-mounted displays worn by the users”); the wearable device comprising a plurality of display portions (fig. 2, item 208; ¶23, “a pair of displays to display images”) having a first display portion (¶23, left display) and a second display portion (¶23, right display), wherein the first and second display portions have a plurality of sub-portions configured to display one or more images of a virtual reality scene (¶39), and the first and second display portions have a plurality of additional sub-portions that are configured to display an occlusion layer (¶39, the plurality of additional sub-portions corresponds to location of the nose on the left and right displays that provides a static image); wherein the virtual reality scene is refreshed at a higher rate compared to a refresh rate of the occlusion layer (¶40 – higher refresh rate is applied at display portions where an image is displayed, therefore since no image is displayed in the nose area/occlusion layer the refresh rate is lower).
Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the combined device of Fateh and Osman, wherein the virtual reality scene is refreshed at a higher rate compared to a refresh rate of the occlusion layer, as taught by Shuster so as to display images with sufficient clarity for virtual reality (¶40).
With respect to Claim 7, claim 1 is incorporated, Fateh teaches further comprising: a first rim contiguous with the nose bridge (fig. 2A, left side of the frame surrounding the left lens – may be either upper or lower or both); a second rim contiguous with the nose bridge (fig. 2A, right side of the frame surrounding the right lens); a plurality of sensors coupled to the first and second rims (fig. 2A, item 214; ¶57), wherein the plurality of sensors are configured to capture information regarding a local environment (¶62, “Sensor(s) 214 may be a camera configured to capture the user's interactions with the local environment, a light sensor configured to track illuminance levels within the local environment”).
Although Osman mentions sensing a position of the nose (¶79), Fateh and Osman combined do not teach wherein the plurality of sensors are configured to capture first information regarding a first set of one or more positions and one or more orientations of a plurality of silhouettes of the nose of the user at a first time and information regarding a second set of one or more positions and one or more orientations of the plurality of silhouettes at a second time; a processor coupled to the plurality of sensors, wherein the processor is configured to determine whether there is a slippage of the nose bridge based on the information, wherein the processor is configured to update the occlusion layer upon determining that the slippage has occurred.
Shuster teaches a device (fig. 1, items 106, 108, 110, 112, 116; ¶19, “the client devices 106, 108, 110, 112, 116 for display utilizing the immersive displays, which may be, for example, head-mounted displays worn by the users”); the wearable device comprising a plurality of display portions (fig. 2, item 208; ¶23, “a pair of displays to display images”) having a first display portion (¶23, left display) and a second display portion (¶23, right display), wherein the first and second display portions have a plurality of sub-portions configured to display one or more images of a virtual reality scene (¶39), and the first and second display portions have a plurality of additional sub-portions that are configured to display an occlusion layer (¶39, the plurality of additional sub-portions corresponds to location of the nose on the left and right displays that provides a static image); further comprising a plurality of sensors (fig. 2, item 220 and 222; ¶21; ¶29) coupled to the frame, wherein the plurality of sensors are configured to capture first information regarding a first set of one or more positions and one or more orientations of a plurality of silhouettes of the nose of the user at a first time (¶43-44; ¶47, “The method illustrated in FIG. 3 is continuous such that the images are continuously updated on the display 208 of the immersive display 200 to display or play virtual reality or augmented reality video on the immersive display 200” – at a first time point; ¶50, “the static image that is displayed on occluded areas of the display may be customizable or configurable by the user. For example, the static image may be configured by the user to configure attributes of the image, such as size, shape, and skin tone of the static image, to simulate the user's nose” – continuous updating of images provides one or more positions and one or more orientations of a plurality of silhouettes of the nose at a first time) and information regarding a second set of one or more positions and one or more orientations of the plurality of silhouettes at a second time (¶43-44; ¶47, “The method illustrated in FIG. 3 is continuous such that the images are continuously updated on the display 208 of the immersive display 200 to display or play virtual reality or augmented reality video on the immersive display 200” – at a second time point; ¶50, “the static image that is displayed on occluded areas of the display may be customizable or configurable by the user. For example, the static image may be configured by the user to configure attributes of the image, such as size, shape, and skin tone of the static image, to simulate the user's nose” – continuous updating of images provides one or more positions and one or more orientations of a plurality of silhouettes of the nose at a second time); a processor (fig. 2, item 202) coupled to the plurality of sensors, wherein the processor is configured to determine whether there is a slippage of the nose bridge based on the information (¶47; ¶53; since the method is continuously performed and updated changes to an area that is excluded or occluded includes instances of slippage of the nose bridge), wherein the processor is configured to update the occlusion layer upon determining that the slippage has occurred (¶47; ¶53-54).
Therefore it would have been obvious to a person of ordinary skill in the art to modify the combined device of Fateh and Osman, wherein the plurality of sensors are configured to capture first information regarding a first set of one or more positions and one or more orientations of a plurality of silhouettes of the nose of the user at a first time and information regarding a second set of one or more positions and one or more orientations of the plurality of silhouettes at a second time; a processor coupled to the plurality of sensors, wherein the processor is configured to determine whether there is a slippage of the nose bridge based on the information, wherein the processor is configured to update the occlusion layer upon determining that the slippage has occurred, as taught by Shuster, so as to increase the user’s perception that the virtual reality space is real and to provide a stable reference in the user’s line of sight and the chance of experiencing motion sickness or the severity of motion sickness experienced while wearing the immersive display may be reduced (¶39).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Fateh and Osman as applied to claim 1 above, and further in view of Franklin et al. (Pub. No.: US 2023/0314820 A1) hereinafter referred to as Franklin.
With respect to Claim 9, claim 1 is incorporated, Fateh and Osman combined do not teach further comprising: a plurality of light sources configured to emit light towards a nose of a user, wherein the light emitted towards the nose is determined based on the virtual reality scene.
Franklin teaches a device (figs. 1 and 2; ¶29-30) comprising: a plurality of temples (fig. 2, item 26-1) having a first temple (fig. 2, item 26-1 on the left side) and a second temple (fig. 2, item 26-1 on the right side); and a plurality of display portions having a first display portion (fig. 1, item 14; ¶24-26; ¶31 – left display panel) and a second display portion (fig. 1, item 14; ¶24-26; ¶31 – right display panel); further comprising: a plurality of light sources (fig. 3, item 44; ¶34, “If desired, proximity sensor 20 may include a light-emitting device such as an infrared light-emitting diode that emits infrared light and a corresponding light detector such as an infrared photodetector that detects corresponding reflected light from nose surface 42 to measure the distance between sensor 20 and nose surface 42”) configured to emit light towards a nose of a user, wherein the light emitted towards the nose is determined based on the virtual reality scene (¶26; ¶39, “Based on this detected contact between module 70 and nose 40, control circuitry 12 can determine the position of module 70 relative to nose 40 (e.g., motor 86 can be used as part of a motor-feedback proximity sensor and feedback from motor 86 can serve as a proximity sensor signal for control circuitry 12)”; ¶42-43).
Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the combined device of Fateh and Osman, to further comprise a plurality of light sources configured to emit light towards a nose of a user, wherein the light emitted towards the nose is determined based on the virtual reality scene, as taught by Franklin so as to provide optimal and satisfactory viewing (¶19).
Claims 12-15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Fateh, Osman, and Shuster.
With respect to Claim 12, Fateh teaches a system (fig. 15, item 1500; ¶111-112) comprising: a server (¶111, “The computer system 1500 may be a server computer”); and a device (figs. 2A, 3A, or 3B, items 200A, 300A, or 300B; ¶57; ¶68; ¶117, “The computing system 1500 may be communicatively coupled to the electronics module (e.g., electronics module 218 of FIG. 2A-B) or the HMD”) coupled to the server via a computer network (fig. 15, item 1506; ¶115, “the communication device 1506 (e.g., Ethernet adapter, cable modem, Wi-Fi adapter, cellular transceiver, Bluetooth transceiver)”), wherein the device includes: a plurality of temples including a first temple and a second temple (fig. 2A, item 200A comprises a first temple and left temple; figs. 3A and 3B, item 306 comprises a first temple and a second temple (left arm and right arm)); a nose bridge (fig. 2A, central part of 200A fitting over the nose) configured to be situated on a nose of a user; and a plurality of display portions having a first display portion (fig. 2A, left side of item 210; ¶61) and a second display portion (fig. 2A, right side of item 210), wherein the first display portion is located between the nose bridge and the first temple and the second display portion is located between the nose bridge and the second temple (fig. 2A), wherein the first and second display portions have a plurality of sub-portions (¶69, “An electronics module 318 can process the digital content (e.g., virtual reality content, augmented reality content) projected by the image display system 310 to one or both of the user's eyes”; ¶95, “The visual stabilizers can be located in the peripheral areas of the digital image”, the display area excluding the peripheral areas of each first display portion and second display portion comprises a plurality of sub-portions) and a plurality of additional sub-portions (¶95, “The visual stabilizers can be located in the peripheral areas of the digital image”, the peripheral area where the visual stabilizer are located of each first display portion and second display portion comprises a plurality of additional sub-portions), wherein the server is configured to generate one or more instructions (¶112; ¶114, “The memory 1504 is any computer-readable storage media that stores instructions that implement at least portions of the various embodiments described herein”) to display one or more images of a virtual reality scene within the plurality of sub portions and to display one or more images of an area occupied by visual stabilizers (¶95, “The visual stabilizers can be located in the peripheral areas of the digital image”, the peripheral area where the visual stabilizer are located of each first display portion and second display portion comprises a plurality of additional sub-portions) within the plurality of additional sub-portions (¶69, “An electronics module 318 can process the digital content (e.g., virtual reality content, augmented reality content) projected by the image display system 310 to one or both of the user's eyes”), wherein the area occupied by the visual stabilizer, and wherein the area occupied by the visual stabilizers is responsive to a first light condition and a second light condition (fig. 6B; ¶98, “visual stabilizers can be used with augmented reality content”, the first light condition corresponds to visual stabilizers which are virtual reality objects, the second light condition corresponds to a real-world), wherein the first light condition is different from the second light condition (fig. 6B item 632 and 636 comprises a first light condition that is different from the displayed content of a second light condition = real world scene in augmented reality), and wherein the first light condition corresponds to the virtual reality scene (fig. 6B, item 632 and 636 are visual stabilizers which corresponds to virtual reality object of a first light condition; ¶49, “the HMD may generate and display a series of visual stabilizers (e.g., frame, clouds, trees)” which are part of a virtual reality scene) and the second light condition corresponds to a real-world scene (¶98, “visual stabilizers can be used with augmented reality content, virtual reality content, and mixed (i.e., some combination of augmented and virtual reality) content” – augmented reality content comprises a real-world scene).
Fateh does not teach the area occupied by visual stabilizers is an occlusion layer, such that the occlusion layer within the plurality of additional sub-portions, wherein the occlusion layer is configured to be displayed between eyes of the user and the nose of the user to occlude the nose.
Osman teaches a device (fig. 1A, item 102; ¶65) comprising: a plurality of display portions having a first display portion (fig. 5A, item 550a: left eye) and a second display portion (fig. 5A, item 550b: right eye), wherein the first and second display portions are configured to display one or more images of a virtual reality scene (¶108); and the first and second display portions have a plurality of additional sub-portions that are configured to display one or more images of an occlusion layer between eyes of the user and the nose of the user to occlude the nose (fig. 5A, items 502a and 502b; fig. 5B, items 504a and 504b; fig. 5C, items 510a, 510b, 506a, and 506b; fig. 5D, item 510a, 510b, 508a, and 508b; ¶109-115).
Therefore it would have been obvious to a person of ordinary skill in the art to modify the system of Fateh, such that the area occupied by the visual stabilizers corresponds to the occlusion layer of Osman and the visual stabilizers corresponds to nose image data of Osman resulting in an occlusion layer within the plurality of additional sub-portions, wherein the occlusion layer is configured to be displayed between eyes of the user and the nose of the user to occlude the nose, as taught by Osman, so as to enhance the reality or perception of reality experience by a user looking into virtual-reality content (¶116).
Fateh and Osman combined do not teach wherein the server is configured to determine a plurality of display sizes of the plurality of additional sub-portions.
Shuster teaches a system (fig. 1, item 100; ¶16) comprising: a server (fig. 1, item 102; ¶16-18); and a device (fig. 1, items 106, 108, 110, 112, 116; ¶19, “the client devices 106, 108, 110, 112, 116 for display utilizing the immersive displays, which may be, for example, head-mounted displays worn by the users”) coupled to the server via a computer network (fig. 1, item 104: network; ¶16); the device comprising a plurality of display portions (fig. 2, item 208; ¶23, “a pair of displays to display images”) having a first display portion (¶23, left display) and a second display portion (¶23, right display), wherein the first and second display portions have a plurality of sub-portions (¶39; left portion of left display and right portion of the right display: a plurality of sub-portions) and a plurality of additional sub-portions (¶39, the plurality of additional sub-portions corresponds to location of the nose on the left and right displays that provides a static image); wherein the server is configured to generate one or more instructions to display one or more images of a virtual reality scene within the plurality of sub-portions and to display one or more images of an occlusion layer within the plurality of additional sub-portions (fig. 3; ¶41), wherein the server is configured to determine a plurality of display sizes of the plurality of additional sub-portions (fig. 3, items 304, 306, and 308; ¶41).
Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the combined system of Fateh and Osman, wherein the server is configured to determine a plurality of display sizes of the plurality of additional sub-portions, as taught by Shuster so as to increase the user’s perception that the virtual reality space is real and to provide a stable reference in the user’s line of sight and the chance of experiencing motion sickness or the severity of motion sickness experienced while wearing the immersive display may be reduced (¶39).
With respect to Claim 13, claim 12 is incorporated, Fateh does not mention wherein the plurality of additional sub-portions are configured not to display an image of a virtual nose of the user, or not to display the virtual reality scene, or to block a view of the nose of the user, or a combination thereof.
Osman teaches a device (fig. 1A, item 102; ¶65) comprising: a plurality of display portions having a first display portion (fig. 5A, item 550a: left eye) and a second display portion (fig. 5A, item 550b: right eye), wherein the first and second display portions are configured to display one or more images of a virtual reality scene (¶108); and the first and second display portions have a plurality of additional sub-portions that are configured to display one or more images of an occlusion layer between eyes of the user and the nose of the user to occlude the nose (fig. 5A, items 502a and 502b; fig. 5B, items 504a and 504b; fig. 5C, items 510a, 510b, 506a, and 506b; fig. 5D, item 510a, 510b, 508a, and 508b; ¶109-115); wherein the plurality of additional sub-portions are configured to block a view of the nose of the user (figs. 5A to 5D; ¶110-111).
Therefore it would have been obvious to a person of ordinary skill in the art to modify the combined system of Fateh and Shuster, wherein the plurality of additional sub-portions are configured to block a view of the nose of the user, as taught by Osman, so as to enhance the reality or perception of reality experience by a user looking into virtual-reality content (¶116).
With respect to Claim 14, claim 12 is incorporated, Fateh and Osman combined do not teach wherein the virtual reality scene is refreshed at a higher rate compared to a refresh rate of the occlusion layer.
Shuster teaches a system (fig. 1, item 100; ¶16) comprising: a server (fig. 1, item 102; ¶16-18); and a device (fig. 1, items 106, 108, 110, 112, 116; ¶19, “the client devices 106, 108, 110, 112, 116 for display utilizing the immersive displays, which may be, for example, head-mounted displays worn by the users”) coupled to the server via a computer network (fig. 1, item 104: network; ¶16); the device comprising a plurality of display portions (fig. 2, item 208; ¶23, “a pair of displays to display images”) having a first display portion (¶23, left display) and a second display portion (¶23, right display), wherein the first and second display portions have a plurality of sub-portions (¶39; left portion of left display and right portion of the right display: a plurality of sub-portions) and a plurality of additional sub-portions (¶39, the plurality of additional sub-portions corresponds to location of the nose on the left and right displays that provides a static image); wherein the server is configured to generate one or more instructions to display one or more images of a virtual reality scene within the plurality of sub-portions and to display one or more images of an occlusion layer within the plurality of additional sub-portions (fig. 3; ¶41), wherein the server is configured to determine a plurality of display sizes of the plurality of additional sub-portions (fig. 3, items 304, 306, and 308; ¶41); wherein the virtual reality scene is refreshed at a higher rate compared to a refresh rate of the occlusion layer (¶40 – higher refresh rate is applied at display portions where an image is displayed, therefore since no image is displayed in the nose area/occlusion layer the refresh rate is lower).
Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the combined system of Fateh and Osman, wherein the virtual reality scene is refreshed at a higher rate compared to a refresh rate of the occlusion layer, as taught by Shuster so as to display images with sufficient clarity for virtual reality (¶40).
With respect to Claim 15, claim 12 is incorporated, Fateh does not teach wherein the plurality of sub-portions on which the virtual reality scene is displayed include a first sub-portion and a second sub-portion, and the plurality of additional sub-portions include a first additional sub-portion and a second additional sub-portion, wherein the first sub-portion is closer to the first temple compared to the first additional sub-portion, and the second sub-portion is closer to the second temple compared to the second additional sub-portion.
Osman teaches a device (fig. 1A, item 102; ¶65) comprising: a plurality of display portions having a first display portion (fig. 5A, item 550a: left eye) and a second display portion (fig. 5A, item 550b: right eye), wherein the first and second display portions are configured to display one or more images of a virtual reality scene (¶108); and the first and second display portions have a plurality of additional sub-portions that are configured to display one or more images of an occlusion layer between eyes of the user and the nose of the user to occlude the nose (fig. 5A, items 502a and 502b; fig. 5B, items 504a and 504b; fig. 5C, items 510a, 510b, 506a, and 506b; fig. 5D, item 510a, 510b, 508a, and 508b; ¶109-115); wherein the plurality of additional sub-portions are configured to block a view of the nose of the user (figs. 5A to 5D; ¶110-111); wherein the plurality of sub-portions on which the virtual reality scene is displayed include a first sub-portion (figs. 5A-5D; ¶108 – first sub-portion corresponds to virtual reality scene provided to the left eye on the left display) and a second sub-portion (figs. 5A-5D; ¶108 – second sub-portion corresponds to virtual reality scene provided to the right eye on the right display), and the plurality of additional sub-portions include a first additional sub-portion (figs. 5A-5D; ¶110-115 – first additional sub-portion corresponds to shadow and/or nose image data on the left display) and a second additional sub-portion (figs. 5A-5D; ¶110-115 – second additional sub-portion corresponds to shadow and/or nose image data on the right display), wherein the first sub-portion is closer to the first temple compared to the first additional sub-portion (figs. 5A-5D), and the second sub-portion is closer to the second temple compared to the second additional sub-portion (figs. 5A-5D).
Therefore it would have been obvious to a person of ordinary skill in the art to modify the combined system of Fateh and Shuster, wherein the plurality of sub-portions on which the virtual reality scene is displayed include a first sub-portion and a second sub-portion, and the plurality of additional sub-portions include a first additional sub-portion and a second additional sub-portion, wherein the first sub-portion is closer to the first temple compared to the first additional sub-portion, and the second sub-portion is closer to the second temple compared to the second additional sub-portion, as taught by Osman, so as to enhance the reality or perception of reality experience by a user looking into virtual-reality content (¶116).
With respect to Claim 17, claim 12 is incorporated, Fateh teaches wherein the user is a first user (¶103, “a plurality of visual stabilizers shown to a first user can be different than those shown to a second user”), wherein the device includes: a plurality of sensors (fig. 2A, item 214; ¶57) configured to capture first information regarding a local environment of the first user (¶62, “Sensor(s) 214 may be a camera configured to capture the user's interactions with the local environment, a light sensor configured to track illuminance levels within the local environment”).
Fateh does not teach wherein the plurality of sensors are configured to capture first information regarding sizes and shapes of one or more silhouettes of the nose of the first user; a communication device coupled to the plurality of sensors, wherein the communication device is configured to send the first information via the computer network to the server, wherein upon sending the first information, the communication device is configured to receive the one or more instructions and the plurality of display sizes from the server via the computer network; and a processor coupled to the communication device, wherein the processor is configured to display the occlusion layer according to the plurality of display sizes; wherein the plurality of sensors are configured to capture second information regarding sizes and shapes of one or more silhouettes of a nose of a second user, wherein the communication device is configured to send the second information via the computer network to the server, wherein the server is configured to determine a plurality of modifications to the plurality of display sizes of the occlusion layer and send the plurality of modifications via the computer network to the communication device, wherein the communication device is configured to provide a plurality of modifications to the processor, wherein the processor is configured to modify the display of the occlusion layer according to the plurality of modifications to the plurality of display sizes.
Osman teaches a system (fig. 1A; ¶65) comprising: a server (fig. 1A, item 112; ¶70); a device (fig. 1A, item 102; ¶65) coupled to the server via a computer network (fig. 1A, item 110; ¶71), wherein the device includes: a plurality of display portions having a first display portion (fig. 5A, item 550a: left eye) and a second display portion (fig. 5A, item 550b: right eye), wherein the first and second display portions are configured to display one or more images of a virtual reality scene (¶108); and the first and second display portions have a plurality of additional sub-portions that are configured to display one or more images of an occlusion layer between eyes of the user and the nose of the user to occlude the nose (fig. 5A, items 502a and 502b; fig. 5B, items 504a and 504b; fig. 5C, items 510a, 510b, 506a, and 506b; fig. 5D, item 510a, 510b, 508a, and 508b; ¶109-115); further comprising: a plurality of sensors (figs. 2A and 2B, item 206; ¶81, “the proximity sensor 206 can be defined by multiple sensors of more than one type, in order to generate or produce data sufficient to map and define geometric surfaces and shapes of the nose 204 the user 10”) are coupled to a display housing (¶78), wherein the plurality of sensors are configured to capture first information regarding sizes and shapes of one or more silhouettes of the nose of the user (¶59-61; ¶79; ¶109; ¶125-126 – first user profile); a communication device (fig. 1A, item 106; ¶70-71) coupled to the plurality of sensors, wherein the communication device is configured to send the first information via the computer network (fig. 1A, item 110; ¶71) to a server (fig. 1A, item 112; ¶70-71), wherein upon sending the first information, the communication device is configured to receive the one or more instructions and the plurality of display sizes from the server via the computer network (figs. 5A to 5D; ¶110-112 – the plurality of display sizes corresponds to the location of augmented nose image data); and a processor (fig. 9, item 900) coupled to the communication device (¶66, the processor of item 102 in fig. 1 is coupled to item 106: communication device via wired or wireless connection), wherein the processor is configured to display the occlusion layer according to the plurality of display sizes (¶146); wherein the plurality of sensors are configured to capture second information regarding sizes and shapes of one or more silhouettes of a nose of a second user (¶109; ¶125-126 – second user profile), wherein the communication device is configured to send the second information via the computer network (fig. 1A, item 110; ¶71 – second user profile) to the server (fig. 1A, item 112; ¶70-71 – second user profile), wherein the server is configured to determine a plurality of modifications to the plurality of display sizes of the occlusion layer and send the plurality of modifications via the computer network to the communication device, wherein the communication device is configured to provide the plurality of modifications to the processor (figs. 5A to 5D; ¶110-112 – the plurality of modifications corresponds to the location of augmented nose image data – for the second user), wherein the processor is configured to modify the display of the occlusion layer according to the plurality of modifications to the plurality of display sizes (¶112, “it should be understood that the space that is augmented for the image data of the virtual-reality content can change, depending on the size, shape, and general surfaces of the nose and geometries”).
Therefore it would have been obvious to a person of ordinary skill in the art to modify the combined system of Fateh and Shuster, wherein the plurality of sensors are configured to capture first information regarding sizes and shapes of one or more silhouettes of the nose of the first user; a communication device coupled to the plurality of sensors, wherein the communication device is configured to send the first information via the computer network to the server, wherein upon sending the first information, the communication device is configured to receive the one or more instructions and the plurality of display sizes from the server via the computer network; and a processor coupled to the communication device, wherein the processor is configured to display the occlusion layer according to the plurality of display sizes; wherein the plurality of sensors are configured to capture second information regarding sizes and shapes of one or more silhouettes of a nose of a second user, wherein the communication device is configured to send the second information via the computer network to the server, wherein the server is configured to determine a plurality of modifications to the plurality of display sizes of the occlusion layer and send the plurality of modifications via the computer network to the communication device, wherein the communication device is configured to provide a plurality of modifications to the processor, wherein the processor is configured to modify the display of the occlusion layer according to the plurality of modifications to the plurality of display sizes, as taught by Osman, so as to provide a wearable device that multiple users can use and to avoid having to identify or process the user’s nose each time by having a user profile (¶109).
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Fateh and Osman as applied to claim 1 above, and further in view of Edwin et al. (Pub. No.: US 2021/0105456 A1) hereinafter referred to as Edwin and Franklin et al. (Patent No.: US 11,195,495 B1).
With respect to Claim 24, claim 1 is incorporated, Fateh and Osman combined do not mention further comprising a waveguide having an in-coupler and an out-coupler, wherein the in-coupler receives light emitted from the virtual reality scene and the out-coupler outputs light in a direction towards the nose of the user.
Edwin teaches a device (fig. 2, item 200; ¶166) comprising: a plurality of temples (fig. 2, portion of item 200 worn over a user’s ear) having a first temple (fig. 2, left side of glasses on the ear) and a second temple (fig. 2, right side of glasses on the ear); a nose bridge (fig. 15B, portion of item 200 that fits on the nose; ¶316); and a plurality of display portions (fig. 3; ¶174) having a first display portion (fig. 3, left side) and a second display portion (fig. 3, right side), wherein the first display portion is located between the nose bridge and the first temple (fig. 3) and the second display portion is located between the nose bridge and the second temple (fig. 3), wherein the first and second display portions have a plurality of sub-portions configured to display a virtual reality scene (¶186; ¶187, “various embodiments of the wearable system 200 are configured to project virtual images at varying focal distances, through one or more variable focus elements (VFEs)” – the portions that have varying focal distances are equivalent to a plurality of sub-portions); further comprising a waveguide (fig. 4, item 400; ¶189; ¶300, “display 220 may be a light field display with one or more waveguides (which may be stacked and which can provide multiple vergence cues to the user), in-coupling elements that receive light from an image injection device and couple the light into the waveguides, light distributing elements (sometimes referred to as orthogonal pupil expanders (OPE's)) disposed on the waveguide(s) that distribute light to out-coupling elements, and out-coupling elements (sometimes referred to as exit pupil expanders (EPE's)) that direct light towards a viewer's eye”) having an in-coupler and an out-coupler, wherein the in-coupler receives light emitted from the virtual reality scene (¶329, “the in-coupling elements 1702 can receive light from an image source and couple the light into waveguide 1701. The waveguide 1701 can convey the light to OPE's 1704, the OPEs 1704 may provide pupil expansion and direct the light to EPE's 1706, and the EPE's 1706 (which can be provided on display surface 1202) provide further pupil expansion and convey the light to the user's eye(s)”) and the out-coupler outputs light in a direction towards the nose of the user (¶300, “out-coupling elements (sometimes referred to as exit pupil expanders (EPE's)) that direct light towards a viewer's eye”).
Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the combined device of Fateh and Osman, to further comprise a waveguide having an in-coupler and an out-coupler, wherein the in-coupler receives light emitted from the virtual reality scene and the out-coupler outputs light in a direction towards the user, as taught by Edwin so as to provide basic functionality for virtual reality devices.
Fateh, Osman, and Edwin combined do not teach the out-coupler outputs light in a direction towards the nose of the user.
Franklin teaches a device (fig. 1, item 10) comprising a plurality of temples having a first temple and a second temple (fig. 1, item 12T – left = first temple, 12T – right = second temple); a plurality of display portions having a first display portion (fig. 2, item 22 - left) and a second display portion (fig. 2, item 22 - right), further comprising a waveguide that outputs the light in a direction towards the nose of the user (column 7, lines 49-56).
Therefore it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the combined device of Fateh, Osman, and Edwin, such that the out-coupler outputs light in a direction towards the nose of the user, as taught by Franklin so as to counteract black bar effects due to the presence of opaque lens holder structures or other support structures (column 5, lines 64-67).
Allowable Subject Matter
Claims 23 and 25-26 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: none of the prior art teaches a device “wherein the occlusion layer is controlled to change an intensity level of the occlusion layer to a transparent intensity level or a translucent intensity level to allow light to be incident on the nose of the user” or “wherein the occlusion layer updates up to a refresh rate of the virtual reality scene to reflect one or more changes to virtual lighting from the virtual reality scene falling on the nose”, or “wherein the occlusion layer simulates an absence of light by partially blocking pass-through light from the nose using partial opacity” including all the base limitations.
Conclusion
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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/DONNA V Bocar/Primary Examiner, Art Unit 2621
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