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 . This office action is in response to a filing of 12/23/2025.
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.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-5, 7 and 9-14 are rejected under 35 U.S.C. 103 as being unpatentable over Fiess et al. (US20210271320) in view of Shimizu (US20190086673).
Regarding claim 1, Fiess teaches a method for operating a pair of smart glasses (figs.1-14, smart glasses 400; paragraph [0054], FIGS. 4, 5, 6, 7, 8, and 9 each show a schematic representation of a set-up of a pair of smart glasses according to a specific embodiment, as well as of an eye of a user; the physical characteristics of the deflecting element, which is constructed as an HOE, differ; paragraph [0059], FIG. 1 shows the basic method of functioning of smart glasses 400), the method comprising the following steps:
outputting a wavelength-modulated light beam (fig.1, laser beam 106 paragraph [0062], the optical functions of the HOE in the deflecting element may differ for different wavelengths) by a light source (paragraph [0059], laser source 104) to an eye (eye 108) of a user of the smart glasses (smart glasses 400), the wavelength-modulated light beam (fig.1, beam 106; paragraph [0021],when the wavelength of the laser 104 is modulated, or when the frequency of the backscattered laser light changes, e.g., due to the Doppler effect, which occurs in response to reflection by moving objects) being output utilizing a movable mirror element (paragraph [0063], reflection element 112) in a state of rest (see fig.3, paragraph [0065]. the method starts at step 202, in which the reflective element 112 is brought into a first scanning position. During steps 204 and 206, a wavelength-modulated light beam is output using the reflective element 112, while the mirror element 112 is at rest in the first scanning position);
receiving (see fig.3, step 206 is receiving; paragraph [0065] In next step 206, an inquiry is made as to whether or not all measuring points 110 have been measured; paragraph [0010], The receiving point 110 may change, e.g., due to displacement of the glasses relative to the eye 108) a portion of the wavelength-modulated light beam (106), reflected from a reflection point (110; paragraph [0073], a scanning point 110 of the eye in a manner similar to a parabolic mirror), as a reflection beam (paragraph [0073], a scanning point 110 of the eye in a manner similar to a parabolic mirror);
ascertaining a wavelength difference (paragraph [0059] deflecting element 102, which, in this specific embodiment, is constructed as a holographic element HOE---mean will have wavelength difference) between the reflection beam (S22) and the wavelength-modulated light beam (fig.1, beam 106; paragraph [0027], a surface profile of the eye is ascertained, in that with the aid of the self-mixing effect, which causes modulation of the laser power while the laser beam is passed over the eye, a change in an optical path length from the laser source to a current scanning point on the surface of the eye is ascertained), utilizing a laser (fig.1, laser 104) feedback interferometry sensor (fig.14, paragraph [0083] a power-monitoring photodiode 180 having a corresponding drive circuit 181. In this case, photodiode 180 is integrated in laser 104);
but Fiess does not explicitly teach determining a distance between the light source and the reflection point, utilizing the wavelength difference.
However, Shimizu teaches the analogous glasses (Shimizu, figs.1-17, paragraph [0049], The head-mounted display 100 has an appearance like glasses...), and further teaches wherein
determining a distance between the light source (Shimizu, figs.1-17, the laser source unit 10; paragraph [0052], the image light generator 200A, the laser source unit 10 combines light beams of a plurality of colors with different wavelengths to generate and emit modulated light L to be image light. The laser source unit 10 includes three light sources that generate light beams of, for example, three colors, R, G, and B, to display a full-color image) and the reflection point (see annotated image, Shimizu, fig.1, the reflection point --- also see applicant’s speciation, page 12, line 30, one reflection point 150, e.g., on the cornea), utilizing the wavelength difference (see Shimizu, fig.3, fig.5, having a wavelength difference; paragraph [0068], FIG. 3A illustrates slightly-different traveling directions of the respective color light beams because its refractive index is different depending on the color light beam of R, G, or B. That is, even when each of the color light beams R, G, and B enters the light incident surface ISa at the same position and at the same angle, each traveling direction is different because of dispersion of light.---see fig.5, paragraph [0079], parameters are determined depending on the required shift amount S).
(note: Fiess teaches utilizing the wavelength from laser 104, in paragraph [0063] optical path 132 corresponds to a second mirror position of reflection element 112, at which the distance from reflection element 112 to deflecting element 102 is designated by reference character s21 and the distance from deflecting element 102 to the surface of eye 108, in this case, to scanning point 110 on cornea 123, is designated by reference character s22)
Thus, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Fiess to have a light source including the color light beams R, G, and B as taught by Shimizu to have the function of determining a distance between the light source and the reflection point, utilizing the wavelength difference for the purpose to prevent from traveling to the eyes of the observer even when a neutral density filter is damaged (Shimizu, paragraph [0006]).
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Regarding claim 2, combination Fiess-Shimizu discloses the invention as described in Claim 1 and Fiess further teaches wherein in the output step, the mirror element is formed as part of a scanner system for radiating an image (Fiess,fig.1, paragraph [0060], A light beam 106 emitted by scanner optics 152) onto the eye (Fiess fig.1, eye 108).
Regarding claim 3, combination Fiess-Shimizu discloses the invention as described in Claim 1 and Fiess further teaches wherein in the output step, an infrared laser beam is output as the wavelength-modulated light beam (paragraph [0083], FIG. 14 shows a block diagram of projection device 100 for smart glasses 400. Projection device 100 includes micromirror 112 with associated drive circuit 170, an infrared laser 104, and a power-monitoring photodiode 180 having a corresponding drive circuit 181. In this case, photodiode 180 is integrated in laser 104).
Regarding claim 4, Combination Fiess-Shimizu discloses the invention as described in Claim 1 and Fiess further teaches wherein in the output step, the wavelength-modulated light beam is wavelength-modulated by modulation of a current and/or by an FMCW modulation, and/or the light beam is wavelength-modulated utilizing a triangle-shaped and/or sawtooth-shaped and/or trapezoidal and/or sinusoidal and/or rectangular and/or stepped modulation (Fiess, paragraph [0028], The modulation of the laser power is a sinusoidal function of the change in the optical path length from the laser source to the current scanning point on the surface of the eye).
Regarding claim 5, Combination Fiess-Shimizu discloses the invention as described in Claim 1, and Fiess further teaches wherein the ascertaining step is carried out utilizing a Fourier transform and/or a discrete wavelet transform (Fiess, paragraph [0021] If the distance of the scatterer and, therefore, the optical path length traveled, are now changed, positive or negative interference occurs again and again inside the laser cavity as a function of the distance, which means that the power of the laser is modulated in a sinusoidal pattern between a beam maximum and a beam minimum. Similar instances of intensity modulation are attained, when the wavelength of the laser is modulated, or when the frequency of the backscattered laser light changes, e.g., due to the Doppler effect, which occurs in response to reflection by moving object; as evidenced by David Branswood (Fourier Transforms in Radar and signal processing, page 72, section 3.9-10, This waveform would be used, for example, by a pulse Doppler radar..).
Regarding claim 7, Combination Fiess-Shimizu discloses the invention as described in Claim 1 and Fiess further teaches wherein in the receiving step, the reflection beam (described in claim 1) is received from an optical element (Fiess, fig.1, lens 402) and/or a portion of an eye (Fiess, fig.1, eye 108) as the reflection point.
Regarding claim 9, Combination Fiess-Shimizu discloses the invention as described in Claim 1 and Fiess further teaches wherein further comprising a step of detecting an alignment of the eye and/or a position of a pupil of the eye, at least the output step being carried out as a function of the detected alignment and/or position of the eye (Fiess paragraph [0005], The viewing direction is ascertained from the image data, using an eye model, contrast-based detection of the pupil… localization of the corneal reflex).
Regarding claim 10, Combination Fiess-Shimizu discloses the invention as described in Claim 1 and Fiess further teaches wherein in the output step, the light beam is output to at least two optical segmentation elements separated and/or delimited by an edge, the steps of receiving, ascertaining, and determining being carried out for each of multiple reflection beams to ascertain for each a distance between the light source and one of various reflection points, the reflection beams being obtained from the light beam by a reflection and/or refraction at different segmentation elements and a corresponding reflection at one of the various reflection points (Shimizu, paragraph [0009], …with different wavelengths when shifting the optical path of the laser beam. With that configuration, even when the refractive angle of the laser beam---is capable of function the claim).
The motivation to combine Fiess and Shimizu as provided in claim 1 is incorporated herein.
Regarding claim 11, Combination Fiess-Shimizu discloses the invention as described in Claim 10 and Fiess further teaches wherein in the output step, the light beam is output as a bundle of partial light beams (Fiess, fig.4, beams 106) to a one-piece lens (Fiess fig.4, lens 102) as segmentation element, one partial beam each being output to a different section of the lens, the sections being separated from each other by an edge (see Fiess, fig.4, one partial beam each being output to a different section of the lens, the sections being separated from each other by an edge).
The motivation to combine Fiess and Shimizu as provided in claim 1 is incorporated herein.
Regarding claim 12, Combination Fiess-Shimizu discloses the invention as described in Claim 1 and Fiess further teaches wherein further comprising emitting an imaging light beam for imaging a symbol in the eye (Fiess, paragraph [0005] project a pattern onto the eye), the emitting step being carried out utilizing the distance, the imaging light beam being emitted by the light source, the imaging light beam and the wavelength-modulated light beam being output into one shared optical path (described in claim 1).
Regarding claim 13, Fiess teaches a device configured to operate a pair of smart glasses (Fiess, figs.1-14, paragraph [0005]), the device configured to:
output a wavelength-modulated light beam by a light source to an eye of a user of the smart glasses, the wavelength-modulated light beam being output utilizing a movable mirror element in a state of rest; receive a portion of the wavelength-modulated light beam, reflected from a reflection point, as a reflection beam; ascertain a wavelength difference between the reflection beam and the wavelength-modulated light beam, utilizing a laser feedback interferometry sensor; and determine a distance between the light source and the reflection point, utilizing the wavelength difference (this claim recites similar limitations described in claim 1, as those in corresponding claim 1 and is rejected based on the same teachings and rationale).
Regarding claim 14, Fiess teaches a non-transitory machine-readable storage medium on which is stored a computer program for operating a pair of smart glasses, the computer program, when executed by a method comprising the following steps (Fiess, paragraph [0001], the present invention relates to a method for ascertaining a viewing direction of an eye, a projection device for a pair of smart glasses, a pair of smart glasses, a computer program, a machine-readable storage medium, as well as an electronic control unit): output of a wavelength-modulated light beam by a light source to an eye of a user of the smart glasses, the wavelength-modulated light beam being output utilizing a movable mirror element in a state of rest; receiving a portion of the wavelength-modulated light beam, reflected from a reflection point, as a reflection beam; ascertaining a wavelength difference between the reflection beam and the wavelength-modulated light beam, utilizing a laser feedback interferometry sensor; and determining a distance between the light source and the reflection point, utilizing the wavelength difference (this claim recites similar limitations described in claim 1, as those in corresponding claim 1 and is rejected based on the same teachings and rationale).
Claims 6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Fiess et al. (US20210271320) in view of Shimizu (US20190086673), and further in view of Greenberg (US20180341107).
Regarding claim 6, Combination Fiess-Shimizu discloses the invention as described in Claim 1, but does not explicitly teaches wherein in the ascertaining step, the wavelength difference is ascertained between two intensity maxima of a spectrum formed from the reflection beam and/or utilizing the reflection beam.
However, Greenberg teaches the analogous glasses (Greenberg, figs.1-5, paragraph [0002], Head mounted or otherwise wearable image projection system for projecting virtual and/or augmented virtual reality to the user eye(s) are becoming increasingly popular. Such systems are in many cases configured as glasses mountable onto a use's head and operable for projecting images to the user's eyes for providing virtual reality image/video projection to the user...), and further teaches wherein in the ascertaining step (Greenberg, paragraph [0007], In certain techniques eye position and movement are tracked to determine a focal region for the user), the wavelength difference (Greenberg, fig.4, paragraph [0112], the light module 114 may include one or more light source modules in different colors. In the embodiment illustrated in FIG. 4, three chromatic light modules, LR, LB and LG, which may be Red, Green, and Blue lasers are used to provide RGB light. It should be noted that here RGB light is used only as an example and that light sources/lasers corresponding to other light color pallets may also be used for projecting colorful images on the retina..) is ascertained between two intensity maxima of a spectrum (Greenberg, fig.1, paragraph [0073], intensity modulator 117 ..operable to controllably adjust…chromatic/spectral) formed from the reflection beam and/or utilizing the reflection beam (Greenberg; paragraph [0122] reflection of the IR light beam IRB from the eye (e.g., from the pupil and/or cornea and/or retina ;paragraph [0017], the intensity, and possibly also the spectral content of the light beam, is modulated in accordance with the image to be projected on the retina; paragraph [0015], This enables for projecting images onto specific/fixed locations on the eye retina, while the gaze direction changes).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to provide the apparatus of combination Fiess-Shimizu with the specific function as taught by Greenberg for the purpose to enables for projecting images onto specific/fixed locations on the eye retina, while the gaze direction changes (Greenberg, paragraph [0015]).
Regarding claim 8, Combination Fiess-Shimizu-Greenberg discloses the invention as described in Claim 6 and Greenberg further teaches wherein in the ascertaining step, the intensity maximum detected in connection with a greatest ascertained wavelength of the spectrum is utilized, and in the determining step, the distance being determined between the light source and a retina of an eye as the reflection point (Greenberg, paragraph [0122] reflection of the IR light beam IRB from the eye, e.g., from the pupil and/or cornea and/or retina thereof; paragraph [0123]The angular beam relay module thus used according to the present invention directly project images onto the eye retina without forming an intermediate image plane at a finite distance outside the eye. In some case the light beam portions are collimated upon incidence on the pupil. Accordingly, the image projected on the retina is perceived by the eye as originating from an infinitely distant image plane).
The motivation to combine Fiess, Shimizu and Greenberg as provided in claim 1 is incorporated herein.
Response to Arguments
Applicant’s arguments with respect to claims have been considered, see Remarks Page. 6 with respect to the 35 U.S.C.& 103 rejection have been fully considered and are not persuasive.
In the remarks, applicant argues that:
the claims recite the feature of outputting the wavelength-modulated light beam while the movable mirror element is in a state of rest. In contrast, Fiess discloses active scanning of the eye using a movable reflection element or micromirror in which the laser beam is directed to multiple scanning points by sequentially changing the mirror position.
In response to applicant's argument(s) of 1
See claim 1 described, Fiess teaches the feature of outputting the wavelength-modulated light beam (fig.1, beam 106) while the movable mirror element (112) is in a state of rest (see fig.3, paragraph [0065]. the method starts at step 202, in which the reflective element 112 is brought into a first scanning position. During steps 204 and 206, a wavelength-modulated light beam is output using the reflective element 112, while the mirror element 112 is at rest in the first scanning position; also see applicant’s Fig. 3 , page 13, lines 23-26, fig.3 shows a schematic representation or imaging of eye 120 by a two-dimensional rendering of the reflectance behavior of the eye at different reflection points 150 on the exterior of eye 120 --- thus Fiess teaches the feature the same the function of fig.3, the claims recite the feature of outputting the wavelength-modulated light beam 106 while the movable mirror element 112 is in a state of rest).
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
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 extension fee 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 KUEI-JEN LEE EDENFIELD whose telephone number is (571)272-3005. The examiner can normally be reached Mon. -Thurs 8:00 am - 5:30 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas Pham can be reached on 571-272-3689. The fax phone number for the organization where this application or proceeding is assigned is 571-273- 8300.
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/KUEI-JEN L EDENFIELD/
Examiner, Art Unit 2872
/THOMAS K PHAM/Supervisory Patent Examiner, Art Unit 2872