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 01/06/2026, applicant agrees to withdraw invention of species 3 (claims 16-20) and elects species 1 (claims 1-15; note, in amendment of 2/25/2026, claims 1-15 are readable on species 1). Hence Claims 16-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention and species, there being no allowable generic or linking claim.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 § 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 1-8 and 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Osman (US 20180096533) in a view of Polcak et al (US 20190129181).
Regarding Claim 1, Osman teaches a head-mounted device (abstract; figs. 1-4), comprising:
a head-mounted housing having a nose bridge portion configured to receive a nose (fig. 4A, 102, 102a, 102c; ¶[0074], line 1-24, the display housing 102a will include flaps 102c, which allow the nose 204 to fit into the nose insert region 102d);
left and right optical assemblies in the head-mounted housing that are configured to provide respective left and right images to left and right eye boxes (fig. 2B, 102bs; fig. 4A, 102bs; ¶[0074], line 1-24, the display housing 102a will include optics 102b, which are used to provide a focus onto a display screen that is disposed in the display housing 102a), and
a nose tracking sensor configured to capture an image of at least a portion of the nose (fig. 2A-G, 206; fig. 4A-C, 206, 302, 302a-b, ¶[0013], line 1-4, detecting a proximity of the nose from a proximity sensor disposed in a nose insert region of a display housing of the HMO; ¶[0081], line 1-18, 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 100; proximity sensor 206 can be defined by one or more of optical sensors, camera sensors, infrared (IR) sensors, ultrasonic sensors, depth sensors, three-dimensional imaging sensors, ….; ¶[0085], line 1-12, it may be possible the track movements of the user's nose 204; tracking of user facial movements….).
But Osman does not specifically disclose that wherein the left and right optical assemblies are movable relative to one another.
However, Polcak teaches a virtual or augmented reality device (abstract; figs. 1-5), wherein the left and right optical assemblies are movable relative to one another (fig. 2, 260, 270; ¶[0066], line 1-10, The distance between them may be variable and may be adjusted by moving the left lens 260, right lens 270. Left pupillary distance 215 and right pupillary distance 210 may be adjusted separately; fig. 5, 552, 553, ¶[0069], line 1-20, automatically adjustable left and right lens 552, 553 by left and right actuators 560, 561 and automatically adjustable pupillary distance mechanism 556 for each eye).
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 Osman by the virtual or augmented reality device of Polcak for the purpose of providing of augmented or virtual reality (AR/VR) devices that facilitate ultimate immersion and possess capability to enable users to work in AR/VR environments. (¶[0002], line 1-6).
Regarding Claim 2, Osman - Polcak combination teaches that the head-mounted device defined in claim 1, wherein the left optical assembly comprises a lens barrel and a lens mounted in the lens barrel (fig. 2A-G, 102a, 102b, as disclosed in Osman; fig. 2, 260, 270; fig. 4, 440/441; also see fig. 33, as disclosed in Polcak), and wherein the nose tracking sensor is located in the lens barrel (fig. 2A-G, 102a, 206; fig. 4A-C, 206, 302a, 302b, as disclosed in Osman).
Regarding Claim 3, Osman - Polcak combination teaches that the head-mounted device defined in claim 2, wherein the nose tracking sensor comprises light-emitting diodes configured to emit eye illumination for gaze tracking and nose illumination to capture the image (4A-C, 304a-b –gaze detection sensor, as disclosed in Osman; fig. 4, 438, 439 with LEDs, or 438’, 439’ with LEDs; fig. 5, 550, 551, 562, 563; ¶[0068], line 1-18, direct eye tracking 400 that may use a left eye tracking camera 438 with or without LEDs and a right eye tracking camera 439 with or without LEDs; eye tracking devices include: SMI eye tracking system (--including eye gaze tracking), as disclosed in Polcak).
Regarding Claim 4, Osman - Polcak combination teaches that the head-mounted device defined in claim 3, wherein the light-emitting diodes are configured to emit the eye illumination and the nose illumination through the lens (fig. 4, 438, 439 with LEDs, 440/441, as disclosed in Polcak).
Regarding Claim 5, Osman - Polcak combination teaches that the head-mounted device defined in claim 4, wherein the lens is configured to guide the nose illumination laterally out of the lens toward the nose (4A-C, 206, 302, 302a-b, as disclosed in Osman; fig. 4, 438, 439 with LEDs, 440/441, as disclosed in Polcak).
Regarding Claim 6, Osman - Polcak combination teaches that the head-mounted device defined in claim 3, further comprising a light guide configured to guide the nose illumination out of the lens barrel toward the nose (fig. 3, 310/311, 325/328, 329/330; fig. 4, LEDs with 438/439, 440/441, as disclosed in Polcak).
Regarding Claim 7, Osman - Polcak combination teaches that the head-mounted device defined in claim 2, further comprising a gaze tracking sensor located in the lens barrel (4A-C, 304a-b –gaze detection sensor, as disclosed in Osman).
Regarding Claim 8, Osman - Polcak combination teaches that the head-mounted device defined in claim 7, wherein the gaze tracking sensor and the nose tracking sensor are formed in a common module (4A-C, 304a-b –gaze detection sensor; 302, 302a-b -- nose tracking sensor, as disclosed in Osman).
Regarding Claim 11, Osman - Polcak combination teaches that the head-mounted device defined in claim 2, wherein the nose tracking sensor comprises a gaze tracking sensor (4A-C, 304a-b –gaze detection sensor, as disclosed in Osman).
Regarding Claim 12, Osman - Polcak combination teaches that the head-mounted device defined in claim 11, wherein the gaze tracking sensor comprises light-emitting diodes configured to emit eye illumination and nose illumination (fig. 3, 310/311 or 310’/311’; fig. 4, LEDs with 438/439 or 438;/439,, as disclosed in Polcak).
Regarding Claim 13, Osman - Polcak combination teaches that the head-mounted device defined in claim 12, wherein the lens is configured to guide the nose illumination laterally out of the lens toward the nose (fig. 3, 310/311, 325/328, 329/330; fig. 4, fig. 4, LEDs with 438/439, 440/441, as disclosed in Polcak).
Regarding Claim 14, Osman - Polcak combination teaches that the head-mounted device defined in claim 12, further comprising a light guide configured to guide the nose illumination out of the lens barrel toward the nose (fig. 3, 310/311, 325/328, 329/330; fig. 4, LEDs with 438/439, 440/441, as disclosed in Polcak).
Regarding Claim 15, Osman - Polcak combination teaches that the head-mounted device defined in claim 14, wherein the lens barrel has an opening and wherein the nose illumination exits the lens barrel through the opening (fig. 3, 310’/311’; fig. 5, 562/563, as disclosed in Polcak).
Claims 9-10 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Osman (US 20180096533) in a view of Polcak et al (US 20190129181), further in a view of Alam et al (US 20220276702).
Regarding Claim 9, Osman - Polcak combination discloses as set forth above, and further teaches that the head-mounted device defined in claim 7 wherein the gaze tracking sensor comprises a first set of light- emitting diodes that are configured to emit eye illumination through the lens (fig. 3, 310/311, 325/328, 329/330; fig. 4, LEDs with 438/439, 440/441, as disclosed in Polcak).
But Osman - Polcak combination does not specifically disclose that wherein the nose tracking sensor comprises a second set of light-emitting diodes that are configured to emit nose illumination through an opening in the lens barrel.
However, Alam teaches a head mounted device (abstract; fig. 3), wherein the nose tracking sensor comprises a second set of light-emitting diodes that are configured to emit nose illumination through an opening in the lens barrel (fig. 3, Nose, 113- image sensor, 114- light emitter, 115- light guide; ¶[0003], line 1-9, at least one light emitter configured to emit light for illuminating at least a portion of a nose of the user; and at least one image sensor configured to capture an image of at least a portion of the nose of the user for use in determining a shift or a rotation of the head mounted device relative to the user).
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 Osman - Polcak combination by the head mounted device of Alam for the purpose to determine a shift or a rotation of the head mounted device relative to the user based at least in part on the image (¶[0004], line 1-9).
Regarding Claim 10, Osman - Polcak combination discloses as set forth above but does not specifically disclose that wherein the head-mounted device defined in claim 1, wherein the nose tracking sensor comprises infrared light- emitting diodes configured to emit nose illumination and an infrared camera configured to detect reflected nose illumination from the nose to capture the image.
However, Alam teaches a head mounted device (abstract; fig. 3), wherein the nose tracking sensor comprises infrared light- emitting diodes configured to emit nose illumination and an infrared camera configured to detect reflected nose illumination from the nose to capture the image (fig. 3, Nose, 113- image sensor, 114- light emitter, 115- light guide; ¶[0004], line 1-9, a system includes a light emitter configured to emit light for illuminating at least a portion of a nose of a user wearing a head mounted device; an image sensor configured to capture an image of at least a portion of the nose of the user; ¶[0053], line 1-12, the light emitter 114 may include an LED configured to output red light (e.g., light in a red wavelength) and/or near infrared light (e.g., light in a near infrared wavelength); fig. 2, 240-sensor, 241-light emitter; ¶[0040], line 1-6, sensor 240, a light sensor, and/or an infrared sensor).
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 Osman - Polcak combination by the head mounted device of Alam for the purpose to determine a shift or a rotation of the head mounted device relative to the user based at least in part on the image (¶[0004], line 1-9).
Regarding Claim 15, Osman - Polcak combination discloses as set forth above but does not specifically disclose that wherein the head-mounted device defined in claim 14, wherein the lens barrel has an opening and wherein the nose illumination exits the lens barrel through the opening.
However, Alam teaches a head mounted device (abstract; fig. 3), wherein the lens barrel has an opening and wherein the nose illumination exits the lens barrel through the opening (fig. 3, Nose, 113- image sensor, 114- light emitter, 115- light guide –the opening; fig. 4A-B, 113, 114, 115, 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 Osman - Polcak combination by the head mounted device of Alam for the purpose to determine a shift or a rotation of the head mounted device relative to the user based at least in part on the image (¶[0004], line 1-9).
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