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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/29/2023 has been considered by the examiner.
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 16-17 and 27-30 are rejected under 35 U.S.C. 103 as being unpatentable over Scally et al. (US 2017/0261610; already of record) in view of Petersen et al. (US 2021/0373325).
Regarding claim 16, Scally discloses, a method for determining an eye position (Figs. 1-4), comprising the following steps:
receiving measurement values of a measurement of an eye (Para. 0044 and see 130, 160, 440) using at least one unit (310A, B), wherein the measurement values are based on at least one signal reflected (Para. 0046; discloses using an eye tracking unit and an eye orientation estimation module to measure the angular orientation and position of an eye) on a component of the eye (see 330, 340, 355);
determining (see 130, 160, 420) a velocity component of the component of the eye (Para. 0027-0028; note, discloses the component is the pupil and fovea of the eye) relative to the unit based on the measurement values (Para. 0007, 0064 and see 130, 160, 440);
determining a rotational velocity of the eye (Para. 0064-0065 and see 460; note, discloses a model “M” of a user’s eye) about an axis of rotation based on the velocity component by using a geometric eye model (Para. 0048-0050; note, discloses a model of the user’s eye M), wherein the geometric eye model describes a function between the velocity component and the rotational velocity about the axis of rotation (Para. 0007, 0067 and see 130, 160, 440);
ascertaining an eye position based on the rotational velocity about the axis of rotation by integrating the rotational velocity over a predetermined time segment (Para. 0025 and 0062) by taking into account a known eye position as a starting point of the integration (Para. 0007 and see 130, 160, 440; note, discloses determining the orientation of the eye which the Examiner’s interprets that a known eye position as a starting point of the integration is known in order for the eye orientation estimation module to determine the orientation of the eye); and
providing the eye position change (Para. 0025 and 0028; note, discloses providing a change in the eye position from an initial/reference position to effectively track the position and orientation of a user’s eye).
Scally does not explicitly disclose using laser feedback interferometry to determine and receive measurement values.
Petersen teaches, from the same field of endeavor that in a method for determining eye position that it would have been desirable to use laser feedback interferometry to determine and receive measurement values (Para. 0021 and 0024).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use laser feedback interferometry to determine and receive measurement values as taught by the method for determining eye position of Petersen in the method for determining eye position of Scally since Petersen teaches it is known to include this feature in a method for determining eye position for the purpose of providing a simple, cost-effective and accurate method for determining eye position.
Regarding claim 17, Scally in view of Petersen discloses and teaches as set forth above, and Scally further discloses, measurement values of measurements using least two units are received (Para. 0044 and see 310A, B), wherein velocity components are determined for the laser feedback interferometry measurement values of the at least two units (Para. 0027-0028 and see 310A, B), and wherein the method further comprises: determining distance components of the component of the eye relative to the at least two units based on the measurement values of the at least two units (Para. 0071; note, discloses the acceptable distance is within 40 cm); determining an eye position based on the distance components by performing a triangulation calculation (Para. 0007 and 0025; note, discloses determining yaw, pitch and roll velocity which are 3 different rotational movements) by taking into account relative positions between the at least two units and the ascertained distance components from the eye; and using the determined eye position as the starting point in the integration of the rotational velocity (Para. 0064-0065).
Petersen teaches, from the same field of endeavor that in a method for determining eye position that it would have been desirable to use laser feedback interferometry to determine and receive measurement values (Para. 0021).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use laser feedback interferometry to determine and receive measurement values as taught by the method for determining eye position of Petersen in the method for determining eye position of Scally since Petersen teaches it is known to include this feature in a method for determining eye position for the purpose of providing a simple, cost-effective and accurate method for determining eye position.
Regarding claim 27, Scally in view of Petersen discloses and teaches as set forth above, and Scally further discloses, the ascertained eye position is a future eye position that the will assume at a predetermined future time point based on the determined rotational velocity (Para. 0037, lines 1-5).
Regarding claim 28, Scally in view of Petersen discloses and teaches as set forth above, and Scally further discloses, the at least two laser interferometry units are arranged relative to the eye in such a way that eye rotational movements about at least two axes of rotation arranged perpendicularly to one another can be determined (Para. 0007 and 0049; note, discloses determining yaw, pitch and roll velocity which are 3 different rotational movements), and wherein rotational movements of the eye about the at least two axes of rotation arranged perpendicularly to one another can describe every physiologically possible eye position of a human eye (Para. 0007 and 0049; note, discloses determining yaw, pitch and roll velocity which are 3 different rotational movements).
Regarding claim 29, Scally discloses, a computing unit configured to determine an eye position (Figs. 1-4), the computing unit configured to:
receive measurement values of a measurement of an eye (Para. 0044 and see 130, 160, 440) using at least one unit (310A, B), wherein the measurement values are based on at least one signal reflected (Para. 0046; discloses using an eye tracking unit and an eye orientation estimation module to measure the angular orientation and position of an eye) on a component of the eye (see 330, 340, 355);
determine (see 130, 160, 420) a velocity component of the component of the eye (Para. 0027-0028; note, discloses the component is the pupil and fovea of the eye) relative to the unit based on the measurement values (Para. 0007, 0064 and see 130, 160, 440);
determining a rotational velocity of the eye (Para. 0064-0065 and see 460; note, discloses a model “M” of a user’s eye) about an axis of rotation based on the velocity component by using a geometric eye model (Para. 0048-0050; note, discloses a model of the user’s eye M),), wherein the geometric eye model describes a function between the velocity component and the rotational velocity about the axis of rotation (Para. 0007, 0067 and see 130, 160, 440);
ascertain an eye position based on the rotational velocity about the axis of rotation by integrating the rotational velocity over a predetermined time segment (Para. 0025 and 0062) by taking into account a known eye position as a starting point of the integration (Para. 0007 and see 130, 160, 440; note, discloses determining the orientation of the eye which the Examiner’s interprets that a known eye position as a starting point of the integration is known in order for the eye orientation estimation module to determine the orientation of the eye); and
provide the eye position change (Para. 0025 and 0028; note, discloses providing a change in the eye position from an initial/reference position to effectively track the position and orientation of a user’s eye).
Scally does not explicitly disclose using laser feedback interferometry to determine and receive measurement values.
Petersen teaches, from the same field of endeavor that in a computing unit configured to determine an eye position that it would have been desirable to use laser feedback interferometry to determine and receive measurement values (Para. 0021 and 0024).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use laser feedback interferometry to determine and receive measurement values as taught by the computing unit configured to determine an eye position of Petersen in the computing unit configured to determine an eye position of Scally since Petersen teaches it is known to include this feature in a computing unit configured to determine an eye position for the purpose of providing a simple, cost-effective and accurate method for determining eye position.
Regarding claim 30, Scally discloses, a non-transitory computer readable medium (Para. 0064-0065 and see 160, 420, 440) on which is stored a computer program (Para. 0064-0065 and see 160, 420, 440) including instructions for determining an eye position, the instructions, when executed by a data processor (160, 420, 440), causing the data processor to perform the following steps (Figs. 1-4), comprising the following steps:
receiving measurement values of a measurement of an eye (Para. 0044 and see 130, 160, 440) using at least one unit (310A, B), wherein the measurement values are based on at least one signal reflected (Para. 0046; discloses using an eye tracking unit and an eye orientation estimation module to measure the angular orientation and position of an eye) on a component of the eye (see 330, 340, 355);
determining (see 130, 160, 420) a velocity component of the component of the eye (Para. 0027-0028; note, discloses the component is the pupil and fovea of the eye) relative to the unit based on the measurement values (Para. 0007, 0064 and see 130, 160, 440);
determining a rotational velocity of the eye (Para. 0064-0065 and see 460; note, discloses a model “M” of a user’s eye) about an axis of rotation based on the velocity component by using a geometric eye model (Para. 0048-0050; note, discloses ), wherein the geometric eye model describes a function between the velocity component and the rotational velocity about the axis of rotation (Para. 0007, 0067 and see 130, 160, 440);
ascertaining an eye position based on the rotational velocity about the axis of rotation by integrating the rotational velocity over a predetermined time segment (Para. 0025 and 0062) by taking into account a known eye position as a starting point of the integration (Para. 0007 and see 130, 160, 440); and
providing the eye position change (Para. 0025 and 0028; note, discloses providing a change in the eye position from an initial/reference position to effectively track the position and orientation of a user’s eye).
Scally does not explicitly disclose using laser feedback interferometry to determine and receive measurement values.
Petersen teaches, from the same field of endeavor that in a non-transitory computer readable medium including instructions for determining an eye position that it would have been desirable to use laser feedback interferometry to determine and receive measurement values (Para. 0021).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use laser feedback interferometry to determine and receive measurement values as taught by the non-transitory computer readable medium including instructions for determining an eye position of Petersen in the non-transitory computer readable medium including instructions for determining an eye position of Scally since Petersen teaches it is known to include this feature in a non-transitory computer readable medium including instructions for determining an eye position for the purpose of providing a simple, cost-effective and accurate method for determining eye position.
Claims 18-23 and 25-26 are rejected under 35 U.S.C. 103 as being unpatentable over Scally et al. (US 2017/0261610; already of record) in view of Petersen et al. (US 2021/0373325) as applied to claim 17 above, and further in view of Kimrot et al. (US 2020/0149864; already of record).
Scally in view of Petersen remains as applied to claim 17 above.
Scally in view of Petersen does not disclose determining a signal-to-noise ratio of the laser feedback interferometry measurement values of the laser feedback interferometry unit; ascertaining an abrupt change in the signal-to-noise ratio for temporally successively recorded laser feedback interferometry measurement values of the laser feedback interferometry unit; identifying the temporally consecutive measurement values as measurement values of laser signals reflected by at least two different eye components, by taking into account the abrupt change in the signal-to-noise ratio of the temporally consecutive laser feedback interferometry measurement values; identifying a transition between the at least two different eye components; and determining an eye position based on the identified transition between the at least two eye components.
Kimrot teaches, from the same field of endeavor that in a method for determining an eye position that it would have been desirable to make determining a signal-to-noise ratio of the laser feedback interferometry measurement values of the laser feedback interferometry unit (Para. 0074-0076 and Figs. 1-2); ascertaining an abrupt change in the signal-to-noise ratio for temporally successively recorded laser feedback interferometry measurement values of the laser feedback interferometry unit (Para. 0074-0076 and Figs. 1-2); identifying the temporally consecutive measurement values as measurement values of laser signals reflected by at least two different eye components, by taking into account the abrupt change in the signal-to-noise ratio of the temporally consecutive laser feedback interferometry measurement values (Para. 0074-0076 and Figs. 1-2); identifying a transition between the at least two different eye components (Para. 0074-0076 and Figs. 1-2); and determining an eye position based on the identified transition between the at least two eye components (Para. 0074-0076 and Figs. 1-2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make determining a signal-to-noise ratio of the laser feedback interferometry measurement values of the laser feedback interferometry unit; ascertaining an abrupt change in the signal-to-noise ratio for temporally successively recorded laser feedback interferometry measurement values of the laser feedback interferometry unit; identifying the temporally consecutive measurement values as measurement values of laser signals reflected by at least two different eye components, by taking into account the abrupt change in the signal-to-noise ratio of the temporally consecutive laser feedback interferometry measurement values; identifying a transition between the at least two different eye components; and determining an eye position based on the identified transition between the at least two eye components as taught by the method for determining an eye position of Kimrot in the combination of Scally in view of Petersen since Kimrot teaches it is known to include these features in a method for determining an eye position for the purpose of providing an accurate, robust and affordable method for determining an eye position.
Regarding claim 19, Scally, Petersen and Kimrot discloses and teaches as set forth above, and Kimrot further teaches, from the same field of endeavor that in a method for determining an eye position that it would have been desirable to make identifying each eye component based on the signal-to-noise ratio by taking into account individual reflectivities of the eye components of the eye (Para. 0119 and 0127-0128; note, discloses using a fovea, sclera, pupil and retina); and/or identifying each eye component based on the distance components by taking into account a physiological structure of the eye (Para. 0119 and 0127-0128; note, discloses using a fovea, sclera, pupil and retina); wherein the eye components are identified as an iris of the eye, or a retina of the eye, or a sclera of the eye (Para. 0119 and 0127-0128; note, discloses using a fovea, sclera, pupil and retina).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the above mentioned limitations as taught by the method for determining an eye position of Kimrot in the combination of Scally in view of Petersen since Kimrot teaches it is known to include these features in a method for determining an eye position for the purpose of providing an accurate, robust and affordable method for determining an eye position.
Regarding claim 20, Scally, Petersen and Kimrot discloses and teaches as set forth above, and Kimrot further teaches, from the same field of endeavor that in a method for determining an eye position that it would have been desirable to make predicting a saccadic endpoint of a movement of the eye based on the determined eye position by taking into account a physiological description of a saccadic eye movement of an eye (Para. 0118, 0121 and Fig. 8); and providing the predicted saccadic endpoint as an eye position predicted for a predetermined time point (Para. 0118, 0121 and Fig. 8).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the above mentioned limitations as taught by the method for determining an eye position of Kimrot in the combination of Scally in view of Petersen since Kimrot teaches it is known to include these features in a method for determining an eye position for the purpose of providing an accurate, robust and affordable method for determining an eye position.
Regarding claim 21, Scally, Petersen and Kimrot discloses and teaches as set forth above, and Kimrot further teaches, from the same field of endeavor that in a method for determining an eye position that it would have been desirable to make performing a correction of the eye position ascertained by integrating the rotational velocity, by taking into account the eye position ascertained by the triangulation calculations and/or the eye position ascertained using the abrupt change in the signal-to-noise ratio and/or the eye position ascertained using the saccadic endpoint prediction (Para. 0074-0076 and Figs. 1-2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the above mentioned limitations as taught by the method for determining an eye position of Kimrot in the combination of Scally in view of Petersen since Kimrot teaches it is known to include these features in a method for determining an eye position for the purpose of providing an accurate, robust and affordable method for determining an eye position.
Regarding claim 22, Scally, Petersen and Kimrot discloses and teaches as set forth above, and Petersen further teaches, from the same field of endeavor that in a method for determining an eye position that it would have been desirable to make the velocity component of a tangential velocity component is defined within a reflection plane of the laser signal defined by the respective component of the eye, and wherein the tangential velocity component is parallel to a direction of the laser signal (Para. 0013, 0022 and 0046).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the velocity component of a tangential velocity component is defined within a reflection plane of the laser signal defined by the respective component of the eye, and wherein the tangential velocity component is parallel to a direction of the laser signal as taught by the method for determining eye position of Petersen in the combination of Scally in view of Kimrot since Petersen teaches it is known to include this feature in a method for determining eye position for the purpose of providing a simple, cost-effective and accurate method for determining eye position.
Regarding claim 23, Scally, Petersen and Kimrot discloses and teaches as set forth above, and Kimrot further teaches, from the same field of endeavor that in a method for determining an eye position that it would have been desirable to make the geometric eye model includes a first velocity model (Para. 0119 and 0127-0128; note, discloses using a fovea, sclera, pupil and retina), a second velocity model (Para. 0119 and 0127-0128; note, discloses using a fovea, sclera, pupil and retina), and a third velocity model (Para. 0119 and 0127-0128; note, discloses using a fovea, sclera, pupil and retina), wherein the first velocity model describes a function between the velocity component and the rotational velocity about the axis of rotation for a laser signal reflected on a retina of the eye (Para. 0119 and 0127-0128; note, discloses using a fovea, sclera, pupil and retina), wherein the second velocity model describes a function between the velocity component and the rotational velocity about the axis of rotation for a laser signal reflected on an iris of the eye (Para. 0119 and 0127-0128; note, discloses using a fovea, sclera, pupil and retina), and wherein the third velocity model describes a function between the velocity component and the rotational velocity about the axis of rotation for a laser signal reflected on a sclera of the eye (Para. 0119 and 0127-0128; note, discloses using a fovea, sclera, pupil and retina).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the above mentioned limitations as taught by the method for determining an eye position of Kimrot in the combination of Scally in view of Petersen since Kimrot teaches it is known to include these features in a method for determining an eye position for the purpose of providing an accurate, robust and affordable method for determining an eye position.
Regarding claim 25, Scally, Petersen and Kimrot discloses and teaches as set forth above, but, does not explicitly disclose the following applies to the first velocity model and the third velocity model:
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, wherein I is a vector representation of a point of impingement of the laser signal on the eye component, R is a vector representation of an axis of rotation of the eye, L is a vector representation of the laser signal and w is an angular velocity about the axis of rotation, and wherein the following applies to the second velocity model:
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, wherein Ad is a distance increment on the iris and gT1, gT2 are two tangential velocity components ascertained at time points t1 and t2.
However, the Examiner points out that the combination of Scally, Petersen and Kimrot discloses all of the above mentioned values, therefore, it would have been obvious to one of ordinary skill in the art that the combination of Scally, Petersen and Kimrot discloses the following applies to the first velocity model and the third velocity model:
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, wherein I is a vector representation of a point of impingement of the laser signal on the eye component, R is a vector representation of an axis of rotation of the eye, L is a vector representation of the laser signal and w is an angular velocity about the axis of rotation, and wherein the following applies to the second velocity model:
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, wherein Ad is a distance increment on the iris and gT1, gT2 are two tangential velocity components ascertained at time points t1 and t2 for the purpose of providing an accurate and reliable method for determining an eye position.
Regarding claim 26, Scally, Petersen and Kimrot discloses and teaches as set forth above, and Scally further discloses, the geometric eye model includes a first distance model (Para. 0006, 0048 and see 460), a second distance model (Para. 0006, 0048 and see 460), and a third distance model (Para. 0006, 0048 and see 460), wherein the first distance model describes a distance between the laser feedback interferometry unit and the retina (Para. 0006, 0048 and see 460), wherein the second distance model describes a distance between the laser feedback interferometry unit and the iris (Para. 0006, 0048 and see 460), wherein the third distance model describes a distance between the laser feedback interferometry unit and the sclera (Para. 0006, 0048 and see 460).
Scally, Petersen and Kimrot discloses and teaches as set forth above, but does not explicitly disclose the following applies to the first distance model: d=dRe(retina), where d is the distance component, S is a position of the laser feedback interferometry unit, L is the laser signal and rRetina is a radial distance between the retina and an eye center, wherein the following applies to the third distance model: where rSclera is a radial distance between the sclera and the eye center, and wherein the following applies to the second distance model:
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wherein R, is a rotation matrix of the iris, e, is a unit vector from the eye center to the iris, e is a unit vector of an iris surface and L is a vector representation of the laser signal.
However, the Examiner points out that the combination of Scally, Petersen and Kimrot discloses all of the above mentioned values, therefore, it would have been obvious to one of ordinary skill in the art that the combination of Scally, Petersen and Kimrot discloses the following applies to the first distance model: d=dRe(retina), where d is the distance component, S is a position of the laser feedback interferometry unit, L is the laser signal and rRetina is a radial distance between the retina and an eye center, wherein the following applies to the third distance model: where rSclera is a radial distance between the sclera and the eye center, and wherein the following applies to the second distance model:
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wherein R, is a rotation matrix of the iris, e, is a unit vector from the eye center to the iris, e is a unit vector of an iris surface and L is a vector representation of the laser signal for the purpose of providing an accurate and reliable method for determining an eye position.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Scally et al. (US 2017/0261610; already of record) in view of Petersen et al. (US 2021/0373325) in view of Kimrot et al. (US 2020/0149864; already of record) as applied to claim 23 above, and further in view of Schachar (US 2007/0121120).
Scally, Petersen and Kimrot remains as applied to claim 23 above.
Scally, Petersen and Kimrot does not explicitly disclose a shape of the retina is approximated with a spherically shaped surface in the first velocity model, wherein a shape of the iris is approximated with a planarly shaped surface in the second velocity model, and wherein a shape of the sclera is approximated with a spherically shaped surface in the third velocity model.
Schachar teaches, from the same field of endeavor that in a method for determining an eye position that it would have been desirable to make a shape of the retina is approximated with a spherically shaped surface in the first velocity model, wherein a shape of the iris is approximated with a planarly shaped surface in the second velocity model, and wherein a shape of the sclera is approximated with a spherically shaped surface in the third velocity model (Para. 0028-0030).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make a shape of the retina is approximated with a spherically shaped surface in the first velocity model, wherein a shape of the iris is approximated with a planarly shaped surface in the second velocity model, and wherein a shape of the sclera is approximated with a spherically shaped surface in the third velocity model as taught by the method for determining an eye position of Schachar in the combination of Scally, Petersen and Kimrot since Schachar teaches it is known to include these features in a method for determining an eye position for the purpose of providing a method for determining an eye position that accurately assesses the health of a user’s eye.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Grecu et al. (US 2005/0119642) and Park (US 2014/0111452) discloses a method for determining an eye position that includes receiving measure values of an eye, determining a velocity component of a component of the eye, and ascertaining an eye position based on the velocity.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAWAYNE A PINKNEY whose telephone number is (571)270-1305. The examiner can normally be reached M-F 8:00-5:00 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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/DAWAYNE PINKNEY/Primary Examiner, Art Unit 2872 04/17/2026
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