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 .
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-20 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-20 of prior U.S. Patent No. US 10,682,049. This is a statutory double patenting rejection.
Instant Application
US 10,682,049
1. A method, comprising: while displaying first information to a user on a head mounted display, displaying second information to the user on the head mounted display, wherein the second information is radially offset from the first information; receiving user input to identify the second information; in response to the a user correctly identifying the second information, displaying third information that is radially offset from the first information; and in response to the user incorrectly identifying the second information, iteratively displaying fourth information that is radially offset from the first information until the user correctly identifies the fourth information.
2. The method of claim 1, further comprising, assessing performance of a peripheral vision of the user based on whether the user correctly identifies the second information, the third information or the fourth information.
3. The method of claim 1, further comprising instructing the user to look at the first information in a central vision of the user and look at the second information in a peripheral vision of the user.
4. The method of claim 1, wherein, while the second information is displayed, the first information comprises: a first shape displayed at a first time; and a second shape displayed at a second time.
5. The method of claim 1, wherein the first information is displayed at a first location at a first time and displayed at a second location at a second time.
6. The method of claim 1, wherein the first information comprises: a first shading at a first time; and a second shading at a second time.
7. The method of claim 1, wherein the second information comprises: a first shape displayed at a first time; and a second shape displayed at a second time.
8. The method of claim 1, wherein the second information comprises: a first shading at a first time; and a second shading at a second time.
9. The method of claim 1, wherein the third information comprises: a first object having a first shading; a second object having a second shading different than the first shading; and a third object having a third shading different than the first shading and the second shading.
10. The method of claim 1, wherein the third information comprises: a first object having a first periphery; a second object having a second periphery different than the first periphery; a third object having a third periphery different than the first periphery and the second periphery; and a fourth object having a fourth periphery different than the first periphery, the second periphery and the third periphery.
11. The method of claim 10, wherein the second object is displayed at a first location, the third object is displayed at a second location, and the fourth object is displayed a third location.
12. A method, comprising: while displaying first visual information on a head mounted display displaying second visual information on the head mounted display, wherein the second information is radially offset from the first information; receiving, from an input device, user input identifying the second information; in response to the user input correctly identifying the second information, displaying additional information that is radially offset from the first information; and in response to the incorrectly identifying the second visual information, iteratively displaying other information until the user input correctly identifies the other information.
13. The method of claim 12, further comprising assessing performance of a peripheral vision of the user based on whether the user correctly identifies the second information, the additional information or the other information.
14. The method of claim 12, further comprising concurrently displaying: the first visual information; the second visual information; and instruction to look at the first visual information.
15. The method of claim 12, wherein the additional information comprises one or more objects radially offset from the first visual information.
16. The method of claim 15, wherein the one or more objects are concurrently displayed or sequentially displayed.
17. The method of claim 12, wherein the other information comprises one or more objects radially offset from the first visual information.
18. The method of claim 17, wherein the one or more objects are concurrently displayed or sequentially displayed.
19. A method, comprising: concurrently displaying to a user on a head mounted display: first information at a first location; and second information at a second location, wherein the second information is different than the first information; in response to a user of the head mounted display correctly identifying the second information based on user input, displaying additional information that is offset from the first information; and in response to the user of the head mounted display incorrectly identifying the second information based on the user input, iteratively displaying other information until the user input correctly identifies the other information.
20. The method of claim 19, wherein the additional information is displayed at a third location different than the first location and the second location.
1. A method, comprising: while displaying first information to a user on a head mounted display, displaying second information to the user on the head mounted display, wherein the second information is radially offset from the first information; receiving user input to identify the second information; in response to the user correctly identifying the second information, displaying third information that is radially offset from the first information; and in response to the user incorrectly identifying the second information, iteratively displaying fourth information that is radially offset from the first information until the user correctly identifies the fourth information.
2. The method of claim 1, further comprising, assessing performance of a peripheral vision of the user based on whether the user correctly identifies the second information, the third information or the fourth information.
3. The method of claim 1, further comprising: instructing the user to look at the first information in a central vision of the user and look at the second information in a peripheral vision of the user.
4. The method of claim 1, wherein while the second information is displayed, the first information comprises: a first shape displayed at a first time; and a second shape displayed at a second time.
5. The method of claim 1, wherein the first information is displayed at a first location at a first time and displayed at a second location at a second time.
6. The method of claim 1, wherein the first information comprises: a first shading at a first time; and a second shading at a second time.
7. The method of claim 1, wherein the second information comprises: a first shape displayed at a first time; and a second shape displayed at a second time.
8. The method of claim 1, wherein the second information comprises: a first shading at a first time; and a second shading at a second time.
9. The method of claim 1, wherein the third information comprises: a first object having a first shading; a second object having a second shading different than the first shading; and a third object having a third shading different than the first shading and the second shading.
10. The method of claim 1, wherein the third information comprises: a first object having a first periphery; a second object having a second periphery different than the first periphery; a third object having a third periphery different than the first periphery and the second periphery; and a fourth object having a fourth periphery different than the first periphery, the second periphery and the third periphery.
11. The method of claim 10, wherein the second object is displayed at a first location, the third object is displayed at a second location, and the fourth object is displayed a third location.
12. A method, comprising: while displaying first visual information on a head mounted display; displaying second visual information on the head mounted display, wherein the second information is radially offset from the first information; receiving, from an input device, user input identifying the second information; in response to the user input correctly identifying the second information, displaying additional information that is radially offset from the first information; and in response to the incorrectly identifying the second visual information, iteratively displaying other information until the user input correctly identifies the other information.
13. The method of claim 12, further comprising assessing performance of a peripheral vision of the user based on whether the user correctly identifies the second information, the additional information or the other information.
14. The method of claim 12, further comprising concurrently displaying: the first visual information; the second visual information; and instruction to look at the first visual information.
15. The method of claim 12, wherein the additional information comprises one or more objects radially offset from the first visual information.
16. The method of claim 15, wherein the one or more objects are concurrently displayed or sequentially displayed.
17. The method of claim 12, wherein the other information comprises one or more objects radially offset from the first visual information.
18. The method of claim 12, wherein the one or more objects are concurrently displayed or sequentially displayed.
19. A method, comprising: concurrently displaying to a user on a head mounted display: first information at a first location; and second information at a second location, wherein the second information is different than the first information; in response to a user of the head mounted display correctly identifying the second information based on user input, displaying additional information that is offset from the first information; and in response to the user of the head mounted display incorrectly identifying the second information based on the user input, iteratively displaying other information until the user input correctly identifies the other information.
20. The method of claim 19, wherein the additional information is displayed at a third location different than the first location and the second location.
Claim Objections
Claim 1 is objected to because of the following informalities: the phrase “… in response to the a user correctly identifying the second information, displaying third information that is radially offset from the first information …”. Examiner assumes that there is a typographical error and should have been written: “… in response to the [[a]] user correctly identifying the second information, displaying third information that is radially offset from the first information …”. Appropriate correction is required.
Claim 19 is objected to because of the following informalities: the phrase “…in response to a user of the head mounted display correctly identifying the second information based on user input, displaying additional information that is offset from the first information …”. Examiner assumes that there is a typographical error and should have been written: “…in response to [[a]]the user of the head mounted display correctly identifying the second information based on user input, displaying additional information that is offset from the first information …”. Appropriate correction is required.
Claim Rejections - 35 USC § 103
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.
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Stewart et al. (US 7,155,393) in view of Massengill et al. (US 6,290,357).
Regarding Claim 1, Stewart discloses a method, comprising:
while (Col. 3, lines 50-53) displaying first information to a user on a display (Fig. 1, fixation point 170 is displayed on the display monitor 130, Col. 5, lines 17-21), displaying second information to the user on the display (Fig. 1, visual test stimulus 155 is displayed on the display monitor 130, Col. 5, lines 35-37), wherein the second information is radially offset from the first information (Fig. 1, visual test stimulus positions 155 are in the periphery of the fixation point 170, thus radially offset, Col. 4, lines 15-20);
receiving user input to identify the second information (Fig. 1, visual test stimulus 155 is displayed on the display monitor 130 and user responds “yes”, Col. 5, lines 35-37);
in response to the user correctly identifying the second information, displaying third information that is radially offset from the first information (Fig. 1, flashing visual test stimulus 155 is then displayed at another point within the subject’s visual field, Col. 5, lines 45-48); and
in response to the user incorrectly identifying the second information, iteratively displaying fourth information that is radially offset from the first information until the user correctly identifies the fourth information (Col. 5, lines 57-67, Col. 6, lines 1-3, if the subject fails to respond to the test stimulus 155, can be retested).
Stewart does not specifically disclose a head mounted display.
However, Massengill, in the same field of endeavor, teaches a head mounted display (Fig. 1, head-mounted display 1, Col. 6, lines 31-67), for the purpose of minimizing visual distractions during a visual field test.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have the method of Stewart, with a head mounted display, of Massengill, for the purpose of minimizing visual distractions during a visual field test.
Regarding Claim 2, Stewart in view of Massengill discloses as is set forth above and Stewart further discloses further comprising, assessing performance of a peripheral vision of the user based on whether the user correctly identifies the second information, the third information or the fourth information (Col. 6, lines 22-39).
Regarding Claim 3, Stewart in view of Massengill discloses as is set forth above and Stewart further discloses further comprising instructing the user to look at the first information in a central vision of the user and look at the second information in a peripheral vision of the user (Col. 3, lines 35-41, audible instructions are given to the subject).
Regarding Claim 4, Stewart in view of Massengill discloses as is set forth above and Stewart further discloses wherein, while the second information is displayed, the first information comprises: a first shape displayed at a first time; and a second shape displayed at a second time (Col. 4, lines 31-38).
Regarding Claim 5, Stewart in view of Massengill discloses as is set forth above and Stewart further discloses wherein the first information is displayed at a first location at a first time and displayed at a second location at a second time (Col. 4, lines 15-20).
Regarding Claim 6, Stewart in view of Massengill discloses as is set forth above and Stewart further discloses wherein the first information comprises: a first shading at a first time; and a second shading at a second time (Col. 4, lines 27-35, intensity, color, and contrast can be adjusted for each).
Regarding Claim 7, Stewart in view of Massengill discloses as is set forth above and Stewart further discloses wherein the second information comprises: a first shape displayed at a first time; and a second shape displayed at a second time (Col. 4, lines 27-35, shape and size can be adjusted for each).
Regarding Claim 8, Stewart in view of Massengill discloses as is set forth above and Stewart further discloses wherein the second information comprises: a first shading at a first time; and a second shading at a second time (Col. 4, lines 27-35, intensity, color, and contrast can be adjusted for each).
Regarding Claim 9, Stewart in view of Massengill discloses as is set forth above and Stewart further discloses wherein the third information comprises: a first object having a first shading; a second object having a second shading different than the first shading; and a third object having a third shading different than the first shading and the second shading (Col. 4, lines 27-35, intensity, color, and contrast can be adjusted for each).
Regarding Claim 10, Stewart in view of Massengill discloses as is set forth above and Stewart further discloses wherein the third information comprises: a first object having a first periphery; a second object having a second periphery different than the first periphery; a third object having a third periphery different than the first periphery and the second periphery; and a fourth object having a fourth periphery different than the first periphery, the second periphery and the third periphery (Col. 2, lines 47-50, Col. 3, lines 50-55, test stimuli are displayed in random fashion).
Regarding Claim 11, Stewart in view of Massengill discloses as is set forth above and Stewart further discloses wherein the second object is displayed at a first location, the third object is displayed at a second location, and the fourth object is displayed a third location (Fig. 1, fixation point 170, test stimuli 155, Col. 2, lines 47-50, Col. 3, lines 50-55, fixation point 170 is fixed, test stimuli 155 are displayed in random fashion).
Regarding Claim 12, Stewart discloses a method, comprising:
while (Col. 3, lines 50-53) displaying first visual information on a display (Fig. 1, fixation point 170 is displayed on the display monitor 130, Col. 5, lines 17-21)
displaying second visual information on the display (Fig. 1, visual test stimulus 155 is displayed on the display monitor 130, Col. 5, lines 35-37), wherein the second information is radially offset from the first information (Fig. 1, visual test stimulus positions 155 are in the periphery of the fixation point 170, thus radially offset, Col. 4, lines 15-20);
receiving, from an input device (Col. 4, lines 2-11, speech recognition software), user input identifying the second information (Fig. 1, visual test stimulus 155 is displayed on the display monitor 130 and user responds “yes”, Col. 5, lines 35-37);
in response to the user input correctly identifying the second information, displaying additional information that is radially offset from the first information (Fig. 1, flashing visual test stimulus 155 is then displayed at another point within the subject’s visual field, Col. 5, lines 45-48); and
in response to the incorrectly identifying the second visual information, iteratively displaying other information until the user input correctly identifies the other information (Col. 5, lines 57-67, Col. 6, lines 1-3, if the subject fails to respond to the test stimulus 155, can be retested).
Stewart does not specifically disclose a head mounted display.
However, Massengill, in the same field of endeavor, teaches a head mounted display (Fig. 1, head-mounted display 1, Col. 6, lines 31-67), for the purpose of minimizing visual distractions during a visual field test.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have the method of Stewart, with a head mounted display, of Massengill, for the purpose of minimizing visual distractions during a visual field test.
Regarding Claim 13, Stewart in view of Massengill discloses as is set forth above and Stewart further discloses further comprising assessing performance of a peripheral vision of the user based on whether the user correctly identifies the second information, the additional information or the other information (Col. 6, lines 22-39).
Regarding Claim 14, Stewart in view of Massengill discloses as is set forth above and Stewart further discloses further comprising concurrently displaying (Col. 3, lines 50-53): the first visual information; the second visual information; and instruction to look at the first visual information (Col. 3, lines 35-41, audible instructions are given to the subject).
Regarding Claim 15, Stewart in view of Massengill discloses as is set forth above and Stewart further discloses wherein the additional information comprises one or more objects radially offset from the first visual information (Fig. 1, visual test stimulus positions 155 are in the periphery of the fixation point 170, thus radially offset, Col. 4, lines 15-20).
Regarding Claim 16, Stewart in view of Massengill discloses as is set forth above and Stewart further discloses wherein the one or more objects are concurrently (Col. 3, lines 50-53) displayed or sequentially displayed.
Regarding Claim 17, Stewart in view of Massengill discloses as is set forth above and Stewart further discloses wherein the other information comprises one or more objects radially offset from the first visual information (Fig. 1, visual test stimulus positions 155 are in the periphery of the fixation point 170, thus radially offset, Col. 4, lines 15-20).
Regarding Claim 18, Stewart in view of Massengill discloses as is set forth above and Stewart further discloses wherein the one or more objects are concurrently (Col. 3, lines 50-53) displayed or sequentially displayed.
Regarding Claim 19, Stewart discloses a method, comprising:
concurrently (Col. 3, lines 50-53) displaying to a user on a display:
first information at a first location (Fig. 1, fixation point 170 is displayed on the display monitor 130, Col. 5, lines 17-21); and
second information at a second location (Fig. 1, visual test stimulus 155 is displayed on the display monitor 130, Col. 5, lines 35-37), wherein the second information is different than the first information (Col. 2, lines 47-50, Col. 3, lines 50-55, test stimuli are displayed in random fashion, Fig. 1, positions of 155 is different than 170);
in response to a user of the display correctly identifying the second information based on user input, displaying additional information that is offset from the first information (Fig. 1, flashing visual test stimulus 155 is then displayed at another point within the subject’s visual field, Col. 5, lines 45-48); and
in response to the user of the display incorrectly identifying the second information based on the user input, iteratively displaying other information until the user input correctly identifies the other information (Col. 5, lines 57-67, Col. 6, lines 1-3, if the subject fails to respond to the test stimulus 155, can be retested).
Stewart does not specifically disclose a head mounted display.
However, Massengill, in the same field of endeavor, teaches a head mounted display (Fig. 1, head-mounted display 1, Col. 6, lines 31-67), for the purpose of minimizing visual distractions during a visual field test.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have the method of Stewart, with a head mounted display, of Massengill, for the purpose of minimizing visual distractions during a visual field test.
Regarding Claim 20, Stewart in view of Massengill discloses as is set forth above and Stewart further discloses wherein the additional information is displayed at a third location different than the first location and the second location (Col. 2, lines 47-50, Col. 3, lines 50-55, test stimuli are displayed in random fashion, Fig. 1, positions of 155 is different than 170).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Fateh (US 11,723,531), Fateh (US 2020/0268244), Blumenthal et al. (US 2010/0128223), and Arden (US 5,187,507) are cited to show similar methods.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM R ALEXANDER whose telephone number is (571)270-7656. The examiner can normally be reached M-F 8:30 AM- 4:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pinping Sun can be reached at 571-270-1284. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM R ALEXANDER/Primary Examiner, Art Unit 2872