DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Response to Amendment
Applicant's arguments filed 5/8/2026 have been fully considered but they are not persuasive.
Regarding applicant’s argument that Bar-Zeev and Kranz do not teach “synchronize repeated variations of transmission of the shutter with repeated variations of emission of the light source”, examiner respectfully disagrees. In particular, Bar-Zeev states that the eye-tracking components (122 including 124) of their head-mounted display may be used to adjust the position of the augmented reality image and the increased opacity of the pixels in the opacity filter (Bar-Zeev 106), which is mapped to the shutter of the instant application. Further, paragraph 0048 of Bar-Zeev teaches that emitter 124 emits light toward the eye 118 to track it and feed this information to the opacity filter and optical component (augmented reality display) 112 to adjust each component based on the detected movement of the eye 118, which would include increasing or decreasing transmission of the pixels of the opacity filter 124 as the eye 118 is tracked. Bar-Zeev also discloses in para. 0054 that the opacity control circuit 100 which controls the opacity filter 106 may communicate with tracking camera 122 which includes emitter 124. To further detail the emission from the light source, Bar-Zeev incorporates Kranz by reference, which teaches controlling the IR light source in col. 12-13 lines 64-6 to be switched on or off based on a certain threshold of ambient light in the device. Therefore, with the teachings of Kranz and the disclosure of Bar-Zeev stating that the opacity filter control circuit 100 communicates with 122 as well as feedback from 124 and 122 being used to adjust the opacity filter 106, the IR emitter 124 with the teachings of Kranz and the opacity filter 106 may by synchronized to streamline the workings of the device.
As to applicant’s arguments about the amended subject matter of claim 1, examiner has clarified the mappings to further show the connection between the eye tracking camera 122 with the emitter 124 being used to adjust the opacity filter 106, as well as the teachings of Kranz about switching the light source on and off.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-2, 4-7, 11-20 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Zeev et. al (US 20120068913)1.
Regarding claim 1, Bar-Zeev teaches a system comprising:
a light source (Bar-Zeev fig. 1 - 124) with adjustable emission (Kranz col. 5 lines 43-46, see also Bar-Zeev para. 0048 which incorporates Kranz by reference) and positioned to illuminate an eye of a user with light (Bar-Zeev fig. 1 - shows 124 illuminating eye 118, see also para. 0048);
a light detector (Bar-Zeev fig. 1 - 126) positioned to generate data corresponding to light from the eye of the user (Bar-Zeev fig. 1 - shows 126 tracking eye 118, see also para. 0048);
a shutter (Bar-Zeev fig. 1 - 106) with adjustable transmission (Bar-Zeev para. 0051) and positioned between the eye of the user and an external environment (Bar-Zeev fig. 1 - 106 is between 120 and 118), wherein the shutter (106) is configured to block light emitted by the light source (124) from propagating into the external environment (Bar-Zeev para. 0042 – the opacity filter can be controlled to selectively transmit or block light on a per-pixel basis, the blocking would prevent light from both the augmented reality display and emitter 124 from leaking out into a real-world scene); and
a control module (Bar-Zeev fig. 1 - 100, 212, 222, 232, or a central module, see also para. 0054, 0059, 0062-0064) configured to control the light source (Bar-Zeev para. 0059) and the shutter (Bar-Zeev para. 0054) to synchronize repeated variations of transmission of the shutter with repeated variations of emission from the light source (Bar-Zeev para. 0051 discusses the controllable light transmissivity of each pixel in the opacity filter, and Kranz col. 5 lines 43-46 discusses adjusting the light beam based on ambient light),
wherein to synchronize repeated variations of the shutter (106) with repeated variations of the light source (124), the control module (212, 222, 232) is further configured to:
reduce light emission from the light source (124) prior to or concurrently with increasing the transmission of the shutter (Bar-Zeev para. 0002-0003, 0048, 0051 – the opacity filter may have a minimum opacity level and a maximum opacity level and para. 0051 discusses the controllable light transmissivity of each pixel in the opacity filter, and Kranz col. 12-13 lines 64-6 – once the intensity of ambient light exceeds a certain threshold, the light source to substantially reduce or completely eliminate the intensity of the light beam); and
reduce transmission of the shutter (106) prior to or concurrently with increasing emission of the light source (Bar-Zeev para. 0002-0003, 0048, 0051 – the opacity filter may have a minimum opacity level and a maximum opacity level and para. 0051 discusses the controllable light transmissivity of each pixel in the opacity filter, and Kranz col. 12-13 lines 64-6 – once the intensity of ambient light no longer exceeds a certain threshold, the light source may be switched back on).
Regarding claim 2, Bar-Zeev teaches the system of claim 1, and Bar-Zeev further teaches wherein the shutter (106) does not block propagation of the light from the light source (124) to the eye of the user (118) to the light detector (Bar-Zeev fig. 1 – 106 does not block 124 or 126 from 118).
Regarding claim 4, Bar-Zeev teaches the system of claim 1, further comprising:
a display (Bar-Zeev fig. 1 - 102) positioned to display images to the eye of the user (Bar-Zeev fig. 1 – beam 110 is projected through 112 toward 118), the display (102) having a display state when the display emits light (Bar-Zeev para. 0066 – when 102 emits an augmented reality image) and a dark state when the display emits a reduced amount or no light (Bar-Zeev para. 0066 - when 102 does not emit an augmented reality image).
Regarding claim 5, Bar-Zeev teaches the system of claim 4, and Bar-Zeev further teaches wherein the control module (212, 222, 232) is further configured to synchronize repeated variations of the shutter (controlled by 232) with repeated variations of the light source (controlled by 212) and with repeated variations of the display (controlled by 222; Bar-Zeev para. 0066 describes the process of adjusting the transmission of the opacity filter based on the augmented reality image, and Kranz col. 12-13 lines 64-6 discusses adjusting the intensity of the light beam based on ambient light).
Regarding claim 6, Bar-Zeev teaches the system of claim 4, and Bar-Zeev further teaches wherein:
when the shutter (106) is in a transmissive state (Bar-Zeev para. 0051 and 0066):
the light source (124) emits a reduced amount of light or no light (Kranz col. 12-13 lines 64-6 – once the intensity of ambient light exceeds a certain threshold, the light source to substantially reduce or completely eliminate the intensity of the light beam), and
the display (102) is in the dark state (Bar-Zeev para. 0066 - when 102 does not emit an augmented reality image); and
when the light source (124) emits light:
the display (102) is in the display state (Bar-Zeev para. 0066 – when 102 emits an augmented reality image), and
the shutter (106) is in a blocking state (Bar-Zeev para. 0118) that blocks stray or scattered light produced by the light source (124) and the display (106) from leaking in the external environment (Bar-Zeev para. 0074 – pixels of the opacity filter closer to the augmented reality image at the boundary are more opaque while the pixels further from the image at the boundary are more light-transmissive, which would block light from entering the image from the environment or exiting to the environment).
Regarding claim 7, Bar-Zeev teaches the system of claim 4, and Bar-Zeev further teaches wherein:
when the shutter (106) is in a transmissive state (Bar-Zeev para. 0051 and 0066):
the light source (124) emits a reduced amount of light or no light (Kranz col. 12-13 lines 64-6 – once the intensity of ambient light exceeds a certain threshold, the light source to substantially reduce or completely eliminate the intensity of the light beam), and
the display (102) is in the dark state (Bar-Zeev para. 0066 - when 102 does not emit an augmented reality image);
when the light source (124) emits light (Kranz col. 7 lines 42-67):
the display (102) is in the dark state (Bar-Zeev para. 0066 - when 102 does not emit an augmented reality image), and
the shutter is in a blocking state and blocks stray or scattered light produced by the light source from leaking in the external environment (Bar-Zeev para. 0074 – pixels of the opacity filter closer to the augmented reality image at the boundary are more opaque while the pixels further from the image at the boundary are more light-transmissive, which would block light from entering the image from the environment or exiting to the environment); and
when the display (102) is in the display state (Bar-Zeev para. 0066 – when 102 emits an augmented reality image):
the light source (124) emits a reduced amount of light or no light (Kranz col. 12-13 lines 64-6 – once the intensity of ambient light exceeds a certain threshold, the light source to substantially reduce or completely eliminate the intensity of the light beam), and
the shutter (106) is in the blocking state (Bar-Zeev para. 0118) and blocks stray or scattered light produced by the display from leaking in the external environment (Bar-Zeev para. 0074 – pixels of the opacity filter closer to the augmented reality image at the boundary are more opaque while the pixels further from the image at the boundary are more light-transmissive, which would block light from entering the image from the environment or exiting to the environment).
Regarding claim 11, Bar-Zeev teaches the system of claim 4, and Bar-Zeev further teaches further comprising an optical system that provides:
a first optical path for light emitted from the light source (124) to the eye of the user (Bar-Zeev para. 0049), and
a second optical path for light emitted from the display (102) to the eye of the user (Bar-Zeev fig. 1 – 110/116),
wherein the first optical path and the second optical path are the same (Bar-Zeev para. 0049 – light used by the tracking camera may be carried via the optical component 112, therefore 116 would have the same optical path for both 102 and 124).
Regarding claim 12, Bar-Zeev teaches the system of claim 4, and Bar-Zeev further teaches further comprising an optical system that provides:
a first optical path for light emitted from the light source (124) to the eye of the user (Bar-Zeev fig. 1 – 128 goes from 124 to 118), and
a second optical path for light emitted from the display (102) to the eye of the user (Bar-Zeev fig. 1 – 110/116 go from 106 to 118),
wherein the first optical path (128) and the second optical path (110/116) are different optical paths (Bar-Zeev fig. 1 – 128 and 110/116 are different paths).
Regarding claim 13, Bar-Zeev teaches the system of claim 1, and Bar-Zeev further teaches wherein the control module (212, 222, 232) is further configured to synchronize the light detector (126) generating data of the eye (118) with repeated variations of emission from the light source (124, para. 0048 and 0059 – the IR emitter and IR sensor are controlled by processor 212 and the sensor senses light from the emitter).
Regarding claim 14, Bar-Zeev teaches the system of claim 1, and Kranz further teaches further comprising a filter positioned to block stray or scattered light produced by the light source (Kranz col. 2 lines 32-34) from leaking in the external environment (Kranz col. 2 lines 32-34 – a bandpass filter blocks out all wavelengths but that of the cursor).
Regarding claim 15, Bar-Zeev teaches the system of claim 1, and Bar-Zeev further teaches wherein the control module (212, 222, 232) is further configured to determine a gaze of the eye of the user based on data generated by the light detector (Bar-Zeev para. 0048 and 0059 – the processor 212 would handle data from 126, see also Kranz col. 7 lines 30-40).
Regarding claim 16, Bar-Zeev teaches the system of claim 1, and Bar-Zeev further teaches wherein the light source (124) only emits light of infrared wavelengths (Bar-Zeev para. 0048).
Regarding claim 17, Bar-Zeev teaches the system of claim 1, and Bar-Zeev further teaches wherein the system is part of a head-mounted display (HMD) (Bar-Zeev fig. 1).
Regarding claim 18, Bar-Zeev teaches the system of claim 1, and Bar-Zeev further teaches further comprising:
an optical system that provides:
a first optical path for light from the external environment (Bar-Zeev fig. 1 - 120) to the eye of the user (Bar-Zeev fig. 1 – 114/116 goes from 120 to 118),
a second optical path for light emitted from the light source (124) to the eye of the user (Bar-Zeev fig. 1 – 128 extends from 124 to 118), and
a third optical path for light reflected from the eye of the user (118) to the light detector (Bar-Zeev fig. 1 – 130 extends from 126 to 118).
Regarding claim 19, Bar-Zeev teaches a method comprising:
emitting light by a light source (Bar-Zeev fig. 1 - 124) positioned to illuminate an eye of a user (Bar-Zeev fig. 1 – 124 illuminates eye 118);
while the light source (124) is emitting light:
generating data of the eye of the user (118) by a light detector (Bar-Zeev fig. 1 – 126, para. 0048 and 0059 – the processor 212 would handle data from 126, see also Kranz col. 7 lines 30-40); and
blocking stray light from the light source (124) by a shutter (Bar-Zeev fig. 1 - 106) of the computing system and positioned between the eye of the user (118) and an external environment (Bar-Zeev fig. 1 – 106 is between 120 and 118, see also para. 0042 – the opacity filter may selectively transmit and block light on a per-pixel bases, light that is blocked would include stray light from emitter 124);
reducing or ceasing to emit light by the light source (Kranz col. 12-13 lines 64-6 – once the intensity of ambient light exceeds a certain threshold, the light source to substantially reduce or completely eliminate the intensity of the light beam) prior to or concurrently with transitioning the shutter (106) to a transmissive state that allows light from the external environment to propagate toward the eye of the user (Bar-Zeev para. 0051 – discusses transmissivity), wherein transitioning the shutter (106) to the transmissive state comprises increasing transmission of the shutter (Bar-Zeev para. 0051); and
reducing transmission of the shutter (106) prior to or concurrently with increasing emission of the light source (Bar-Zeev para. 0002-0003, 0048, 0051 – the opacity filter may have a minimum opacity level and a maximum opacity level and para. 0051 discusses the controllable light transmissivity of each pixel in the opacity filter, and Kranz col. 12-13 lines 64-6 – once the intensity of ambient light no longer exceeds a certain threshold, the light source may be switched back on).
Regarding claim 20, Bar-Zeev teaches a non-transitory computer readable storage medium comprising instructions that, when executed by a computing system, cause the computing system to perform operations comprising:
emitting light by a light source (Bar-Zeev fig. 1 - 124) of the computing system and positioned to illuminate an eye of a user (Bar-Zeev fig. 1 – 124 illuminates eye 118);
while the light source (124) is emitting light:
generating data of the eye of the user (118) by a light detector (Bar-Zeev fig. 1 - 126) of the computing system (Bar-Zeev para. 0048 and 0059 – the processor 212 would handle data from 126, see also Kranz col. 7 lines 30-40); and
blocking stray light from the light source (124) by a shutter (Bar-Zeev fig. 1 - 106) of the computing system and positioned between the eye of the user (118) and an external environment (Bar-Zeev fig. 1 – 106 is between 120 and 118, see also para. 0042 – the opacity filter may selectively transmit and block light on a per-pixel bases, light that is blocked would include stray light from emitter 124);
reducing or ceasing to emit light by the light source (Kranz col. 12-13 lines 64-6 – once the intensity of ambient light exceeds a certain threshold, the light source to substantially reduce or completely eliminate the intensity of the light beam) prior to or concurrently with transitioning the shutter (106) to a transmissive state that allows light from the external environment to propagate toward the eye of the user (Bar-Zeev para. 0051), wherein transitioning the shutter (106) to the transmissive state comprises increasing transmission of the shutter (Bar-Zeev para. 0051); and
reducing transmission of the shutter (106) prior to or concurrently with increasing emission of the light source (Bar-Zeev para. 0002-0003, 0048, 0051 – the opacity filter may have a minimum opacity level and a maximum opacity level and para. 0051 discusses the controllable light transmissivity of each pixel in the opacity filter, and Kranz col. 12-13 lines 64-6 – once the intensity of ambient light no longer exceeds a certain threshold, the light source may be switched back on).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Bar-Zeev as applied to claim 4 above, and further in view of Agaoglu et. al US 20200019238 (hereinafter “Agaoglu”) of record.
Regarding claim 8, Bar-Zeev teaches the system of claim 4, and Bar-Zeev further teaches wherein:
when the shutter (106) is in a blocking state (Bar-Zeev para. 0118):
the light source (124) emits a reduced amount of light or no light (Kranz col. 12-13 lines 64-6 – once the intensity of ambient light exceeds a certain threshold, the light source to substantially reduce or completely eliminate the intensity of the light beam).
Bar-Zeev does not specify at a first time period, the light source emits light and the display is in the dark state; and at a second time period subsequent to or prior to the first time period, the light source emits a reduced amount of light or no light and the display is in the display state.
In the same field of endeavor, Agaoglu teaches at a first time period, the light source emits light (Agaoglu para. 0019, 0024-0025, and 0034) and the display is in the dark state (Agaoglu para. 0039 – when a blink is detected, the display may be shut off or placed in a low power state); and
at a second time period subsequent to or prior to the first time period, the display is in the display state (Agaoglu para. 0039 – when a person’s eye is open or not blinking, the display continues to display) for the purpose of saving computational power (Agaoglu para. 0039). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a first time interval and a second time interval as taught by Agaoglu in the system of Bar-Zeev in order to save computational power (Agaoglu para. 0039).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Bar-Zeev as applied to claim 4 above, and further in view of Westerinen et. al US 20130335404 (hereinafter “Westerinen”) of record.
Regarding claim 10, Bar-Zeev teaches the system of claim 4.
Bar-Zeev does not specify a filter along an optical path of light which blocks stray or scattered light.
In the same field of endeavor, Westerinen teaches a filter along an optical path for light reflected from the eye of the user to the light detector (Westerinen fig. 4 – detector 46 faces eye 38, and para. 0025 says the aperture of 46 may include a wavelength filter matched to the output wavelength band of the illuminator), the filter configured to block stray or scattered light produced by the display from propagating along the optical path toward the light detector (Westerinen para. 0025 – the aperture of detector 46 may include a wavelength filter matched to the wavelength band of the illuminator, which would filter out any wavelengths not within the wavelength band of the illuminator) for the purpose of estimating the position of the pupil with respect to eye orbit, as well as the extent of closure of the iris (Westerinen para. 0025). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a filter along an optical path of light as taught by Westerinen in the system of Bar-Zeev in order to estimate the position of the pupil with respect to eye orbit, as well as the extent of closure of the iris (Westerinen para. 0025).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Bar-Zeev as applied to claim 16 above.
Regarding claim 21, Bar-Zeev teaches the system of claim 16, and Bar-Zeev further teaches wherein the infrared wavelengths are longer than 950 nanometers (Bar-Zeev teaches an IR emitter 124 in para. 0048 which would emit wavelengths between 700nm and 1mm for the infrared spectrum2, which overlaps the claimed range of greater than 950 nm – which is an overlapping range made prima facie obvious (MPEP §2144.05)) for the purpose of identifying the position of the pupil (Bar-Zeev para. 0048). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the claimed range of greater than 950 nm in order to identify the position of the pupil (Bar-Zeev para. 0048).
Claims 1-2, 4-7, 11-20 are rejected under 35 U.S.C. 103 as being unpatentable over Bar-Zeev et. al US 20120068913 (hereinafter “Bar-Zeev”) of record in view of Kranz et. al US Patent 7,401,920 (hereinafter “Kranz”)3 of record.
Regarding claim 1, Bar-Zeev teaches a system comprising:
a light source (Bar-Zeev fig. 1 - 124) positioned to illuminate an eye of a user with light (Bar-Zeev fig. 1 - shows 124 illuminating eye 118, see also para. 0048);
a light detector (Bar-Zeev fig. 1 - 126) positioned to generate data corresponding to light from the eye of the user (Bar-Zeev fig. 1 - shows 126 tracking eye 118, see also para. 0048);
a shutter (Bar-Zeev fig. 1 - 106) with adjustable transmission (Bar-Zeev para. 0051) and positioned between the eye of the user and an external environment (Bar-Zeev fig. 1 - 106 is between 120 and 118), wherein the shutter (106) is configured to block light emitted by the light source (124) from propagating into the external environment (Bar-Zeev para. 0042 – the opacity filter can be controlled to selectively transmit or block light on a per-pixel basis, the blocking would prevent light from both the augmented reality display and emitter 124 from leaking out into a real-world scene).
Bar-Zeev does not teach a light source has adjustable emission.
In the same field of endeavor, Kranz teaches a light source with adjustable emission (Kranz col. 5 lines 43-46, see also Bar-Zeev para. 0048 which incorporates Kranz by reference) and reducing
Bar-Zeev does not teach a light source has adjustable emission, however it does teach a control module which controls the light source (Bar-Zeev para. 0059).
In the same field of endeavor, Kranz teaches a light source with adjustable emission (Kranz col. 5 lines 43-46) for the purpose of controlling an image displayed to a user based on the detected line of sight (Kranz col. 5 lines 47-48). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a light source with controllable emission as taught by Kranz in the system of Bar-Zeev in order to control an image displayed to a user based on the detected line of sight (Kranz col. 5 lines 47-48).
Therefore, it would have been obvious to one of ordinary skill in the art to have a control module (Bar-Zeev fig. 1 - 100, 212, 222, 232, or a central module, see also para. 0054, 0059, 0062-0064) configured to control the light source (Bar-Zeev para. 0059) and the shutter (Bar-Zeev para. 0054) to synchronize repeated variations of transmission of the shutter with repeated variations of emission from the light source (Bar-Zeev para. 0051 discusses the controllable light transmissivity of each pixel in the opacity filter, and Kranz col. 5 lines 43-46 discusses adjusting the light beam based on ambient light),
wherein to synchronize repeated variations of the shutter (Bar-Zeev 106) with repeated variations of the light source (Bar-Zeev 124), the control module (Bar-Zeev 212, 222, 232) is further configured to:
reduce light emission from the light source (Bar-Zeev 124) prior to or concurrently with increasing the transmission of the shutter (Bar-Zeev para. 0002-0003, 0048, 0051 – the opacity filter may have a minimum opacity level and a maximum opacity level and para. 0051 discusses the controllable light transmissivity of each pixel in the opacity filter, and Kranz col. 12-13 lines 64-6 – once the intensity of ambient light exceeds a certain threshold, the light source to substantially reduce or completely eliminate the intensity of the light beam); and
reduce transmission of the shutter (Bar-Zeev 106) prior to or concurrently with increasing emission of the light source (Bar-Zeev para. 0002-0003, 0048, 0051 – the opacity filter may have a minimum opacity level and a maximum opacity level and para. 0051 discusses the controllable light transmissivity of each pixel in the opacity filter, and Kranz col. 12-13 lines 64-6 – once the intensity of ambient light no longer exceeds a certain threshold, the light source may be switched back on) since Bar-Zeev teaches a controller (Bar-Zeev fig. 1 - 100, 212, 222, 232, or a central module, see also para. 0054, 0059, 0062-0064) to control a shutter with adjustable transmission (Bar-Zeev 106, see also para. 0051) and a light source (Bar-Zeev para. 0059), and Kranz teaches a light source with an adjustable emission (Kranz col. 5 lines 43-46).
Regarding claim 2, Bar-Zeev and Kranz teach the system of claim 1, and Bar-Zeev further teaches wherein the shutter (106) does not block propagation of the light from the light source (124) to the eye of the user (118) to the light detector (Bar-Zeev fig. 1 – 106 does not block 124 or 126 from 118).
Regarding claim 4, Bar-Zeev and Kranz teach the system of claim 1, and Bar-Zeev further teaches further comprising:
a display (Bar-Zeev fig. 1 - 102) positioned to display images to the eye of the user (Bar-Zeev fig. 1 – beam 110 is projected through 112 toward 118), the display (102) having a display state when the display emits light (Bar-Zeev para. 0066 – when 102 emits an augmented reality image) and a dark state when the display emits a reduced amount or no light (Bar-Zeev para. 0066 - when 102 does not emit an augmented reality image).
Regarding claim 5, Bar-Zeev and Kranz teach the system of claim 4, and Bar-Zeev further teaches wherein the control module (212, 222, 232) is further configured to synchronize repeated variations of the shutter (controlled by 232) with repeated variations of the light source (controlled by 212) and with repeated variations of the display (controlled by 222; Bar-Zeev para. 0066 describes the process of adjusting the transmission of the opacity filter based on the augmented reality image, and Kranz col. 12-13 lines 64-6 discusses adjusting the intensity of the light beam based on ambient light).
Regarding claim 6, Bar-Zeev and Kranz teach the system of claim 4, and Bar-Zeev further teaches wherein:
when the shutter (106) is in a transmissive state (Bar-Zeev para. 0051 and 0066):
the light source (124) emits a reduced amount of light or no light (Kranz col. 12-13 lines 64-6 – once the intensity of ambient light exceeds a certain threshold, the light source to substantially reduce or completely eliminate the intensity of the light beam), and
the display (102) is in the dark state (Bar-Zeev para. 0066 - when 102 does not emit an augmented reality image); and
when the light source (124) emits light:
the display (102) is in the display state (Bar-Zeev para. 0066 – when 102 emits an augmented reality image), and
the shutter (106) is in a blocking state (Bar-Zeev para. 0118) that blocks stray or scattered light produced by the light source (124) and the display (106) from leaking in the external environment (Bar-Zeev para. 0074 – pixels of the opacity filter closer to the augmented reality image at the boundary are more opaque while the pixels further from the image at the boundary are more light-transmissive, which would block light from entering the image from the environment or exiting to the environment).
Regarding claim 7, Bar-Zeev and Kranz teach the system of claim 4, and Bar-Zeev further teaches wherein:
when the shutter (106) is in a transmissive state (Bar-Zeev para. 0051 and 0066):
the light source (124) emits a reduced amount of light or no light (Kranz col. 12-13 lines 64-6 – once the intensity of ambient light exceeds a certain threshold, the light source to substantially reduce or completely eliminate the intensity of the light beam), and
the display (102) is in the dark state (Bar-Zeev para. 0066 - when 102 does not emit an augmented reality image);
when the light source (124) emits light (Kranz col. 7 lines 42-67):
the display (102) is in the dark state (Bar-Zeev para. 0066 - when 102 does not emit an augmented reality image), and
the shutter is in a blocking state and blocks stray or scattered light produced by the light source from leaking in the external environment (Bar-Zeev para. 0074 – pixels of the opacity filter closer to the augmented reality image at the boundary are more opaque while the pixels further from the image at the boundary are more light-transmissive, which would block light from entering the image from the environment or exiting to the environment); and
when the display (102) is in the display state (Bar-Zeev para. 0066 – when 102 emits an augmented reality image):
the light source (124) emits a reduced amount of light or no light (Kranz col. 12-13 lines 64-6 – once the intensity of ambient light exceeds a certain threshold, the light source to substantially reduce or completely eliminate the intensity of the light beam), and
the shutter (106) is in the blocking state (Bar-Zeev para. 0118) and blocks stray or scattered light produced by the display from leaking in the external environment (Bar-Zeev para. 0074 – pixels of the opacity filter closer to the augmented reality image at the boundary are more opaque while the pixels further from the image at the boundary are more light-transmissive, which would block light from entering the image from the environment or exiting to the environment).
Regarding claim 11, Bar-Zeev and Kranz teach the system of claim 4, and Bar-Zeev further teaches further comprising an optical system that provides:
a first optical path for light emitted from the light source (124) to the eye of the user (Bar-Zeev para. 0049), and
a second optical path for light emitted from the display (102) to the eye of the user (Bar-Zeev fig. 1 – 110/116),
wherein the first optical path and the second optical path are the same (Bar-Zeev para. 0049 – light used by the tracking camera may be carried via the optical component 112, therefore 116 would have the same optical path for both 102 and 124).
Regarding claim 12, Bar-Zeev and Kranz teach the system of claim 4, and Bar-Zeev further teaches further comprising an optical system that provides:
a first optical path for light emitted from the light source (124) to the eye of the user (Bar-Zeev fig. 1 – 128 goes from 124 to 118), and
a second optical path for light emitted from the display (102) to the eye of the user (Bar-Zeev fig. 1 – 110/116 go from 106 to 118),
wherein the first optical path (128) and the second optical path (110/116) are different optical paths (Bar-Zeev fig. 1 – 128 and 110/116 are different paths).
Regarding claim 13, Bar-Zeev and Kranz teach the system of claim 1, and Bar-Zeev further teaches wherein the control module (212, 222, 232) is further configured to synchronize the light detector (126) generating data of the eye (118) with repeated variations of emission from the light source (124, para. 0048 and 0059 – the IR emitter and IR sensor are controlled by processor 212 and the sensor senses light from the emitter).
Regarding claim 14, Bar-Zeev and Kranz teach the system of claim 1, and Kranz further teaches further comprising a filter positioned to block stray or scattered light produced by the light source (Kranz col. 2 lines 32-34) from leaking in the external environment (Kranz col. 2 lines 32-34 – a bandpass filter blocks out all wavelengths but that of the cursor).
Regarding claim 15, Bar-Zeev and Kranz teach the system of claim 1, and Bar-Zeev further teaches wherein the control module (212, 222, 232) is further configured to determine a gaze of the eye of the user based on data generated by the light detector (Bar-Zeev para. 0048 and 0059 – the processor 212 would handle data from 126, see also Kranz col. 7 lines 30-40).
Regarding claim 16, Bar-Zeev and Kranz teach the system of claim 1, and Bar-Zeev further teaches wherein the light source (124) only emits light of infrared wavelengths (Bar-Zeev para. 0048).
Regarding claim 17, Bar-Zeev and Kranz teach the system of claim 1, and Bar-Zeev further teaches wherein the system is part of a head-mounted display (HMD) (Bar-Zeev fig. 1).
Regarding claim 18, Bar-Zeev and Kranz teach the system of claim 1, and Bar-Zeev further teaches further comprising:
an optical system that provides:
a first optical path for light from the external environment (Bar-Zeev fig. 1 - 120) to the eye of the user (Bar-Zeev fig. 1 – 114/116 goes from 120 to 118),
a second optical path for light emitted from the light source (124) to the eye of the user (Bar-Zeev fig. 1 – 128 extends from 124 to 118), and
a third optical path for light reflected from the eye of the user (118) to the light detector (Bar-Zeev fig. 1 – 130 extends from 126 to 118).
Regarding claim 19, Bar-Zeev and Kranz teach a method comprising:
emitting light by a light source (Bar-Zeev fig. 1 - 124) positioned to illuminate an eye of a user (Bar-Zeev fig. 1 – 124 illuminates eye 118);
while the light source (124) is emitting light:
generating data of the eye of the user (118) by a light detector (Bar-Zeev fig. 1 – 126, para. 0048 and 0059 – the processor 212 would handle data from 126, see also Kranz col. 7 lines 30-40); and
blocking stray light from the light source (124) by a shutter (Bar-Zeev fig. 1 - 106) of the computing system and positioned between the eye of the user (118) and an external environment (Bar-Zeev fig. 1 – 106 is between 120 and 118, see also para. 0042 – the opacity filter may selectively transmit and block light on a per-pixel bases, light that is blocked would include stray light from emitter 124).
Bar-Zeev does not teach a light source has adjustable emission, however it does teach a control module which controls the light source (Bar-Zeev para. 0059).
In the same field of endeavor, Kranz teaches a light source with adjustable emission (Kranz col. 5 lines 43-46) for the purpose of controlling an image displayed to a user based on the detected line of sight (Kranz col. 5 lines 47-48). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a light source with controllable emission as taught by Kranz in the system of Bar-Zeev in order to control an image displayed to a user based on the detected line of sight (Kranz col. 5 lines 47-48).
Therefore, it would have been obvious to one of ordinary skill in the art to have reducing or ceasing to emit light by the light source (Kranz col. 12-13 lines 64-6 – once the intensity of ambient light exceeds a certain threshold, the light source to substantially reduce or completely eliminate the intensity of the light beam) prior to or concurrently with transitioning the shutter (106) to a transmissive state that allows light from the external environment to propagate toward the eye of the user (Bar-Zeev para. 0051 – discusses transmissivity), wherein transitioning the shutter (106) to the transmissive state comprises increasing transmission of the shutter (Bar-Zeev para. 0051); and
reducing transmission of the shutter (106) prior to or concurrently with increasing emission of the light source (Bar-Zeev para. 0002-0003, 0048, 0051 – the opacity filter may have a minimum opacity level and a maximum opacity level and para. 0051 discusses the controllable light transmissivity of each pixel in the opacity filter, and Kranz col. 12-13 lines 64-6 – once the intensity of ambient light no longer exceeds a certain threshold, the light source may be switched back on) since Bar-Zeev teaches a shutter with adjustable transmission (Bar-Zeev 106, see also para. 0051) and Kranz teaches a light source with an adjustable emission (Kranz col. 5 lines 43-46).
Regarding claim 20, Bar-Zeev and Kranz teach a non-transitory computer readable storage medium comprising instructions that, when executed by a computing system, cause the computing system to perform operations comprising:
emitting light by a light source (Bar-Zeev fig. 1 - 124) of the computing system and positioned to illuminate an eye of a user (Bar-Zeev fig. 1 – 124 illuminates eye 118);
while the light source (124) is emitting light:
generating data of the eye of the user (118) by a light detector (Bar-Zeev fig. 1 - 126) of the computing system (Bar-Zeev para. 0048 and 0059 – the processor 212 would handle data from 126, see also Kranz col. 7 lines 30-40); and
blocking stray light from the light source (124) by a shutter (Bar-Zeev fig. 1 - 106) of the computing system and positioned between the eye of the user (118) and an external environment (Bar-Zeev fig. 1 – 106 is between 120 and 118, see also para. 0042 – the opacity filter may selectively transmit and block light on a per-pixel bases, light that is blocked would include stray light from emitter 124).
Bar-Zeev does not teach a light source has adjustable emission, however it does teach a control module which controls the light source (Bar-Zeev para. 0059).
In the same field of endeavor, Kranz teaches a light source with adjustable emission (Kranz col. 5 lines 43-46) for the purpose of controlling an image displayed to a user based on the detected line of sight (Kranz col. 5 lines 47-48). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a light source with controllable emission as taught by Kranz in the system of Bar-Zeev in order to control an image displayed to a user based on the detected line of sight (Kranz col. 5 lines 47-48).
Therefore, it would have been obvious to one of ordinary skill in the art to have reducing or ceasing to emit light by the light source (Kranz col. 12-13 lines 64-6 – once the intensity of ambient light exceeds a certain threshold, the light source to substantially reduce or completely eliminate the intensity of the light beam) prior to or concurrently with transitioning the shutter (106) to a transmissive state that allows light from the external environment to propagate toward the eye of the user (Bar-Zeev para. 0051 – discusses transmissivity), wherein transitioning the shutter (106) to the transmissive state comprises increasing transmission of the shutter (Bar-Zeev para. 0051); and
reducing transmission of the shutter (106) prior to or concurrently with increasing emission of the light source (Bar-Zeev para. 0002-0003, 0048, 0051 – the opacity filter may have a minimum opacity level and a maximum opacity level and para. 0051 discusses the controllable light transmissivity of each pixel in the opacity filter, and Kranz col. 12-13 lines 64-6 – once the intensity of ambient light no longer exceeds a certain threshold, the light source may be switched back on) since Bar-Zeev teaches a shutter with adjustable transmission (Bar-Zeev 106, see also para. 0051) and Kranz teaches a light source with an adjustable emission (Kranz col. 5 lines 43-46).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Bar-Zeev and Kranz as applied to claim 4 above, and further in view of Agaoglu et. al US 20200019238 (hereinafter “Agaoglu”) of record.
Regarding claim 8, Bar-Zeev and Kranz teach the system of claim 4, and Bar-Zeev further teaches wherein:
when the shutter (106) is in a blocking state (Bar-Zeev para. 0118):
the light source (124) emits a reduced amount of light or no light (Kranz col. 12-13 lines 64-6 – once the intensity of ambient light exceeds a certain threshold, the light source to substantially reduce or completely eliminate the intensity of the light beam).
Bar-Zeev and Kranz do not specify at a first time period, the light source emits light and the display is in the dark state; and at a second time period subsequent to or prior to the first time period, the light source emits a reduced amount of light or no light and the display is in the display state.
In the same field of endeavor, Agaoglu teaches at a first time period, the light source emits light (Agaoglu para. 0019, 0024-0025, and 0034) and the display is in the dark state (Agaoglu para. 0039 – when a blink is detected, the display may be shut off or placed in a low power state); and
at a second time period subsequent to or prior to the first time period, the display is in the display state (Agaoglu para. 0039 – when a person’s eye is open or not blinking, the display continues to display) for the purpose of saving computational power (Agaoglu para. 0039). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a first time interval and a second time interval as taught by Agaoglu in the system of Bar-Zeev in order to save computational power (Agaoglu para. 0039).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Bar-Zeev and Kranz as applied to claim 4 above, and further in view of Westerinen et. al US 20130335404 (hereinafter “Westerinen”) of record.
Regarding claim 10, Bar-Zeev and Kranz teach the system of claim 4.
Bar-Zeev and Kranz do not specify a filter along an optical path of light which blocks stray or scattered light.
In the same field of endeavor, Westerinen teaches a filter along an optical path for light reflected from the eye of the user to the light detector (Westerinen fig. 4 – detector 46 faces eye 38, and para. 0025 says the aperture of 46 may include a wavelength filter matched to the output wavelength band of the illuminator), the filter configured to block stray or scattered light produced by the display from propagating along the optical path toward the light detector (Westerinen para. 0025 – the aperture of detector 46 may include a wavelength filter matched to the wavelength band of the illuminator, which would filter out any wavelengths not within the wavelength band of the illuminator) for the purpose of estimating the position of the pupil with respect to eye orbit, as well as the extent of closure of the iris (Westerinen para. 0025). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a filter along an optical path of light as taught by Westerinen in the system of Bar-Zeev in order to estimate the position of the pupil with respect to eye orbit, as well as the extent of closure of the iris (Westerinen para. 0025).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Bar-Zeev and Kranz as applied to claim 16 above.
Regarding claim 21, Bar-Zeev and Kranz teach the system of claim 16, and Bar-Zeev further teaches wherein the infrared wavelengths are longer than 950 nanometers (Bar-Zeev and Kranz teach an IR emitter 124 in para. 0048 which would emit wavelengths between 700nm and 1mm for the infrared spectrum4, which overlaps the claimed range of greater than 950 nm – which is an overlapping range made prima facie obvious (MPEP §2144.05)) for the purpose of identifying the position of the pupil (Bar-Zeev para. 0048). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the claimed range of greater than 950 nm in order to identify the position of the pupil (Bar-Zeev para. 0048).).
Allowable Subject Matter
Claim 9 is 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:
Regarding claim 9, the prior art of record does not disclose nor teach “the system of claim 4, wherein:
at a first time period: the shutter is in a blocking state, the light source emits light, and the display is in the dark state;
at a second time period subsequent to the first time period: the shutter is in a transmissive state, the light source emits a reduced amount of light or no light, and the display is in the dark state; and
at a third time period subsequent to the first time period and the second time period: the shutter is in a blocking state, the light source emits a reduced amount of light or no light, and the display is in the display state” in combination with all the limitations of claims 1 and 4.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH M HALL whose telephone number is (703)756-5795. The examiner can normally be reached Mon-Fri 9-5:30 pm PST.
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/ELIZABETH M HALL/Examiner, Art Unit 2872
/RICKY L MACK/Supervisory Patent Examiner, Art Unit 2872
1 Bar-Zeev incorporates by reference Kranz (Bar-Zeev para. 0048 – U.S. Pat. No. 7/401,920, titled “Head mounted eye tracking and display system” issued Jul. 22, 2008 to Ophir et. al., incorporated herein by reference.)
2 https://en.wikipedia.org/wiki/Infrared
3 103 rejection provided to address the incorporated teaching of Kranz as also obvious to Bar-Zeev.
4 https://en.wikipedia.org/wiki/Infrared
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