DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Notice of Pre-AIA or AIA Status
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 1/11/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
Election/Restrictions
In the response from applicant on the restriction requirement on 12/29/2025, applicant agrees to withdraw inventions of species 2 (claims 12-15) and elects species 1 (claims 1-11 and 16-20). Hence Claims 12-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention and species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2/25/2026.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-11 and 16-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Regarding claim 1, cited term of “….to determine a distance between the optical assemblies and a face of the user…” (line 8) is vague and renders the claims indefinite, as a face of the user is a 3D curved surface (see instant spec. disclosure, fig. 2, 14), therefore there are a plurality of distances between the optical assemblies (20s) and a face of the user (14). It is unclear that cited “a distance” (line 8) refers to which one of the plurality of distances.
Claims 2-11 are rejected as containing the deficiencies of claim 1 through their dependency from claim 1.
Claim 16 has the same undefined issue as that of claim 1 in line 5-6.
Claims 17-20 are rejected as containing the deficiencies of claim 16 through their dependency from claim 16.
Therefore proper amendments are required in order to clarify the scopes of the claims and overcome the rejections.
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 of this title, 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 1-3, 5-9, 11 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Aronsson (US 20140354514) in a view of Tao et al (US 20210325631).
Regarding Claim 1, Aronsson teaches a head-mounted device configured to be worn by a user (abstract; fig. 2), the head-mounted device comprising:
a head-mounted housing (fig. 2, 210; ¶[0030], line 1-10, a system for gaze tracking includes both a light source and an image-capturing module; In some embodiments, the light source and the image-capturing module are included in the same system, e.g., a system that comprises a single housing),
optical assemblies in the head-mounted housing (fig. 2, 210; lenses in spectacles frame),
a gaze tracker configured to measure pupil position information (fig. 2, 220, 280; ¶[0030], line 1-10, a system for gaze tracking includes both a light source and an image-capturing module; ¶[0009], line 1-3, the method further comprises determining a position of a pupil or at least a portion of a pupil (e.g., a substantially central portion of the pupil); ¶[0032], line 1-12, the image capturing module may use one or more techniques to locate or track the pupil or the center ( or a substantially central portion)of the pupil) and
control circuitry that stores a user-specific model (¶[0040], line 1-20, a memory associated with the projector may be used to store at least one pattern; The projector may be automatically configured to use a different pattern based at least partially on the distance of the eye….; ¶[0054], line 1-5, the image projected onto the display is configured to suit the user's inter-eye or inter-pupillary distance; ¶[0061], line 1-26, a processor, which may include one or more processors, may be "configured to" perform a certain function in a variety of ways, including, for example, by having one or more general purpose circuits perform the function by executing one or more computer-executable program code portions embodied in a computer-readable medium, and/or by having one or more application-specific circuits perform the function) and
that is configured to use the user-specific model to determine a distance between the optical assemblies and a face of the user based on the measured pupil position information (¶[0041], line 1-21, the projector (or some other component in the gaze tracking system such as the image-capturing module or a processor) has the ability to measure the distance of the pupil with respect to a fixed position; compare the measured distance with one or more predetermined thresholds; to determining the measured distance is greater than a first threshold….).
But Aronsson does not specifically disclose that wherein optical assemblies in the head-mounted housing that are movable relative to one another.
However, Tao teaches head-mounted device (abstract; fig. 1), wherein optical assemblies in the head-mounted housing that are movable relative to one another (fig. 1, 40s- optical assemblies, IPD- interpupillary distance; ¶[0028], line 1-8, As modules 40 are moved relative to each other along dimension X to accommodate different interpupillary distances for different users).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the head-mounted device of Aronsson by the head-mounted device of Tao for the purpose of providing of a head-mounted device to accommodate variations in the interpupillary distances associated with different users (¶[0004], line 1-6).
Regarding Claim 2, Aronsson - Tao combination teaches that the head-mounted device defined in claim 1 wherein the measured pupil position information comprises an interpupillary distance value along a first axis, an eye relief distance value along a second axis, and a vertical pupil distance value along a third axis (¶[0009], line 1-3, the method further comprises determining a position of a pupil or at least a portion of a pupil (e.g., a substantially central portion of the pupil)); ¶[0012], line 1-3, further comprises adjusting the image based at least partially on an interpupillary distance between the eye and a second eye. ¶[0032], line 1-12, the image capturing module may use one or more techniques to locate or track the pupil or the center ( or a substantially central portion) of the pupil), as disclosed in Aronsson, -- pupil/eye is a 3D object, to determine a pupil/eye position or a interpupillary distance inherently comprising 3D coordinate axes).
Regarding Claim 3, Aronsson - Tao combination teaches that head-mounted device defined in claim 2 wherein the first axis, the second axis, and the third axis are orthogonal to one another (see above, pupil/eye in 3D coordinates).
Regarding Claim 5, Aronsson - Tao combination teaches that head-mounted device defined in claim 2 wherein the user-specific model maps the interpupillary distance value, the eye relief distance value, and the vertical pupil distance value to an acceptability level indicating whether the distance is less than a threshold distance (¶[0041], line 1-21, In response to determining the measured distance is greater than a first threshold, the projector may project a first selected pattern onto a first portion of the eye. In response to determining the measured distance is not greater than the first threshold, the projector may project a second selected pattern onto a second portion of the eye, wherein the second portion is different from the first portion, as disclosed in Aronsson).
Regarding Claim 6, Aronsson - Tao combination teaches that head-mounted device defined in claim 1 wherein the control circuitry is configured to take action in response to determining the distance and wherein the action is selected from the group consisting of: outputting an alert, outputting instructions to adjust the head-mounted device, disabling movement of the optical assemblies, and reversing a previous adjustment to positions of the optical assemblies (¶[0041], line 1-21, In response to determining the measured distance is greater than a first threshold, the projector may project a first selected pattern onto a first portion of the eye. In response to determining the measured distance is not greater than the first threshold, the projector may project a second selected pattern onto a second portion of the eye, wherein the second portion is different from the first portion; ¶[0037], line 1-18, the control module may adjust which LEDs are active and which LEDs are inactive based on the movement of an eye and/or movement of the head ( e.g., based on a distance of the eye or the pupil from a substantially central position), as disclosed in Aronsson).
Regarding Claim 7, Aronsson - Tao combination teaches that head-mounted device defined in claim 1 wherein the user-specific model is based on a face scan ((¶[0040], line 1-20, a memory associated with the projector may be used to store at least one pattern; The projector may be automatically configured to use a different pattern based at least partially on the distance of the eye….; ¶[0054], line 1-5, the image projected onto the display is configured to suit the user's inter-eye or inter-pupillary distance; ¶[0031], line 1-13, The image-capturing module may detect one or more reflections ( or change in reflections) from various surfaces associated with an eye, as disclosed in Aronsson).
Regarding Claim 8, Aronsson - Tao combination teaches that head-mounted device defined in claim 7 further comprising a forward-facing three-dimensional camera configured to capture the face scan (fig. 2, 280, as disclosed in Aronsson).
Regarding Claim 9, Aronsson - Tao combination teaches that head-mounted device defined in claim 1 wherein the gaze tracker is configured to capture an iris scan associated with a given user profile and wherein the user-specific model is stored in the user profile with the iris scan (¶[0006], line 1-14, the method comprises directing light into an eye using a projector; detecting, using an image-capturing module, at least one reflection from at least one surface associated with the eye; the at least one surface associated with the reflection is at least one of the cornea, the pupil, the iris, or the retina associated with the eye; ¶[0040], line 1-20, a memory associated with the projector may be used to store at least one pattern; The projector may be automatically configured to use a different pattern based at least partially on the distance of the eye….; ¶[0054], line 1-5, the image projected onto the display is configured to suit the user's inter-eye or inter-pupillary distance, as disclosed in Aronsson).
Regarding Claim 11, Aronsson - Tao combination teaches that head-mounted device defined in claim 1 wherein the gaze tracker comprises infrared light-emitting diodes and an infrared camera (¶[0003], line 1-11, gaze tracking; discrete IR light emitting diodes (LEDs) that are used to direct IR light into an eye; the reflections are more easily detectable by an IR image-capturing module (e.g., an IR camera), as disclosed in Aronsson).
Regarding Claim 16, Aronsson teaches a method for operating a head-mounted device that is configured to be worn by a user (abstract; fig. 2),
wherein the head-mounted device comprises
optical assemblies (fig. 2, 210; lenses in spectacles frame),
a gaze tracker (fig. 2, 220, 280; ¶[0030], line 1-10, a system for gaze tracking includes both a light source and an image-capturing module), and
control circuitry ((¶[0054], line 1-20, a memory associated with the projector may be used to store at least one pattern; The projector may be automatically configured to use a different pattern based at least partially on the distance of the eye….; ¶[0061], line 1-26, a processor, which may include one or more processors, may be "configured to" perform a certain function in a variety of ways, including, for example, by having one or more general purpose circuits perform the function by executing one or more computer-executable program code portions embodied in a computer-readable medium, and/or by having one or more application-specific circuits perform the function),
the method comprising: with the gaze tracker,
measuring a pupil position (fig. 2, 220, 280; ¶[0030], line 1-10, a system for gaze tracking includes both a light source and an image-capturing module; ¶[0009], line 1-3, the method further comprises determining a position of a pupil or at least a portion of a pupil (e.g., a substantially central portion of the pupil); ¶[0032], line 1-12, the image capturing module may use one or more techniques to locate or track the pupil or the center ( or a substantially central portion)of the pupil);
with the control circuitry, using a stored user-specific model to determine a distance between the optical assemblies and a face of the user based on the pupil position (¶[0040], line 1-20, a memory associated with the projector may be used to store at least one pattern; The projector may be automatically configured to use a different pattern based at least partially on the distance of the eye….; ¶[0054], line 1-5, the image projected onto the display is configured to suit the user's inter-eye or inter-pupillary distance; ¶[0041], line 1-21, the projector (or some other component in the gaze tracking system such as the image-capturing module or a processor) has the ability to measure the distance of the pupil with respect to a fixed position; compare the measured distance with one or more predetermined thresholds; to determining the measured distance is greater than a first threshold….).
But Aronsson does not specifically disclose that wherein with the control circuitry, adjusting an operation of the head-mounted device based on the distance.
However, Tao teaches head-mounted device (abstract; fig. 1), wherein comprising optical assemblies in the head-mounted housing (fig. 1, 12, 40s- optical assemblies, IPD- interpupillary distance), and wherein with the control circuitry, adjusting an operation of the head-mounted device based on the distance (fig. 1, 38- control circuitry; fig. 3, 20-control circuitry, 18- actuators, see ¶[0034]; ¶[0028], line 1-8, As modules 40 are moved relative to each other along dimension X to accommodate different interpupillary distances for different users).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the head-mounted device of Aronsson by the head-mounted device of Tao for the purpose of providing of a head-mounted device to accommodate variations in the interpupillary distances associated with different users (¶[0004], line 1-6).
Regarding Claim 17, Aronsson - Tao combination teaches that method defined in claim 16 wherein measuring the pupil position comprises measuring interpupillary distance along a first axis, eye relief distance along a second axis, and vertical pupil distance along a third axis (¶[0009], line 1-3, the method further comprises determining a position of a pupil or at least a portion of a pupil (e.g., a substantially central portion of the pupil)); ¶[0012], line 1-3, further comprises adjusting the image based at least partially on an interpupillary distance between the eye and a second eye. ¶[0032], line 1-12, the image capturing module may use one or more techniques to locate or track the pupil or the center ( or a substantially central portion) of the pupil), as disclosed in Aronsson, -- pupil/eye is a 3D object, to determine a pupil/eye position or a interpupillary distance inherently comprising 3D coordinate axes).
Regarding Claim 18, Aronsson - Tao combination teaches that method defined in claim 16 wherein adjusting the operation of the head-mounted device comprises outputting instructions for the user to make an adjustment to the head-mounted device (¶[0037], line 1-18, the control module may adjust which LEDs are active and which LEDs are inactive based on the movement of an eye and/or movement of the head ( e.g., based on a distance of the eye or the pupil from a substantially central position), as disclosed in Aronsson).
Regarding Claim 19, Aronsson - Tao combination teaches that method defined in claim 16 wherein adjusting the operation of the head-mounted device comprises disabling further movement of the optical assemblies (fig. 12, 40, 54; ¶[0039], line 1-15, Frame 54 may have corresponding left and right openings such as illustrative opening 54. Opening 54 may be larger than opening 52 to accommodate lateral movement of module 40, as disclosed in Tao, -- optical assemblies 40s are limited moving within 54).
Regarding Claim 20, Aronsson - Tao combination teaches that method defined in claim 16 wherein adjusting the operation of the head-mounted device comprises reversing at least part of a previous adjustment to positions of the optical assemblies (¶[0041], line 1-21, In response to determining the measured distance is greater than a first threshold, the projector may project a first selected pattern onto a first portion of the eye. In response to determining the measured distance is not greater than the first threshold, the projector may project a second selected pattern onto a second portion of the eye, wherein the second portion is different from the first portion. Additionally, the first selected pattern may or may not be different from the second selected pattern, as disclosed in Aronsson; --in case the first selected pattern may not be different from the second selected pattern, adjustment may be back to the first selected pattern).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Aronsson (US 20140354514) in a view of Tao et al (US 20210325631), further in a view of Ohba (US 20220146828).
Regarding Claim 4, Aronsson - Tao combination discloses as set forth above but does not specifically disclose that head-mounted device defined in claim 2 further comprising a motion sensor that measures a tilt angle indicating an amount by which the optical assemblies are rotated about the first axis, wherein the distance is determined based on the tilt angle.
However, Ohba teaches a head mounted display (abstract; fig. 1), wherein comprising a motion sensor that measures a tilt angle indicating an amount by which the optical assemblies are rotated about the first axis, wherein the distance is determined based on the tilt angle (¶[0037], line 1-17, The head-mounted display 100 also includes a motion sensor for detecting translational motion and rotary motion of the head of the user who is wearing the head-mounted display 100 and positions and postures of the user's head at respective times; ¶[0086], line 1-16, the position of the viewpoint and the gazing direction, and the angle of tilt of the user's head; The viewpoint information and the angle of tilt of the user's head can be acquired on the basis of measured values of the motion sensor incorporated in the head-mounted display 100; and fig. 7, 134).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the head-mounted device of Aronsson - Tao combination by the head-mounted display of Ohba for the purpose of providing of a head-mounted display capable of achieving both responsiveness and quality of the displaying of images (¶[0004], line 1-4).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Aronsson (US 20140354514) in a view of Tao et al (US 20210325631), further in a view of Franklin et al (US 20200064635).
Regarding Claim 10, Aronsson - Tao combination discloses as set forth above but does not specifically disclose that head-mounted device defined in claim 1 wherein the user-specific model is based on an inferred nose geometry.
However, Franklin teaches a head-mounted device (abstract; figs. 1-3), wherein the user-specific model is based on an inferred nose geometry (fig. 3, 42, 44, ¶[0007], line 1-11, To accommodate users with different interpupillary distances, the left and right lens modules may be moved towards or away from each other. To avoid excessive pressure on a user's nose, sensing circuitry such as proximity sensing circuitry may be used to detect relative positions between the left and right lens modules and facing surfaces of the user's nose).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the head-mounted device of Aronsson - Tao combination by the head-mounted device of Franklin for the purpose of providing of a head-mounted device wherein to prevent excessive pressure from the lens modules on the user's nose (¶[0007], line 1-11).
Examiner’s Note
Regarding the references, the Examiner cites particular figures, paragraphs, columns and line numbers in the reference(s), as applied to the claims above. Although the particular citations are representative teachings and are applied to specific limitations within the claims, other passages, internally cited references, and figures may also apply. In preparing a response, it is respectfully requested that the Applicant fully consider the references, in their entirety, as potentially disclosing or teaching all or part of the claimed invention, as well as fully consider the context of the passage as taught by the reference(s) or as disclosed by the Examiner.
Conclusion
Any inquiry concerning this communication or earlier communication from the examiner should be directed to Jie Lei whose telephone number is (571) 272 7231. The examiner can normally be reached on Mon.-Thurs. 8:00 am to 5:30 pm.
If attempts to reach the examiner by the telephone are unsuccessful, the examiner's supervisor, Thomas Pham can be reached on (571) 272 3689.The Fax number for the organization where this application is assigned is (571) 273 8300.
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/JIE LEI/Primary Examiner, Art Unit 2872