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 the amendment filed 1/12/2026.
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 1-2, 6-7 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (US20200089027) in view of Wang et al. (US20210247606).
Regarding claim 1, Park teaches a control method for a wearable device (Park, figs.1-13, abstract, an electronic device… a processor, wherein the processor may be is configured to, when the user is identified as wearing the electronic device, increase the adjustable permeation rate of the optical member, and when the user is identified as not wearing the electronic device, decrease the adjustable permeation rate of the optical member; see fig.11, paragraph [0123] the user is identified as wearing the device in operation 1111, the electronic device 300 may control an optical member), comprising:
obtaining a wearing status of the wearable device (Park, fig.11, wearing status has been referred as the first state 1113 wherein user wearing, see fig.9B, paragraph [0026], FIG. 9B is an illustration showing light passing through the optical member in the electronic device that is worn by the user); and
in response to the wearable device changing from a worn state to an unworn state (Park, fig.11, wearing status has been referred as the second state 1117 wherein user not wearing, see fig.9A, paragraph [0025], FIG. 9A is an illustration showing light passing through an optical member is diffused or scattered in an electronic device that is not worn by the user), adjusting a first diopter (see annotated image, Park, fig.9B, the first diopter) of an optical lens group (see annotated image, Park, fig.9B, lens L1, L2) of the wearable device to a second diopter (see annotated image, Park, fig.9A, the second diopter; fig.5, [0093] A control knob 313 may adjust focus of the lenses L1 and L2), wherein the second diopter is greater than the first diopter (see annotated image, Park, fig.9A, 9B, the second diopter is greater than the first diopter).
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Park does not explicitly teach wherein the second diopter is a maximum diopter that can be reached by the optical lens group.
However, Wang teaches the analogous control method for a wearable device (Wang, figs.1-5, abstract, the present disclosure relates to eyeglass and a method for adjusting incident light into eyes), and further teaches
wherein the second diopter (Wang, fig.2, paragraph [0050], diopter of the second threshold) is a maximum diopter that can be reached by the optical lens group (paragraph [0035] a lens of eyeglass 203 including an electrowetting dual-liquid zoom lens assembly 210, which includes insulating liquid 204, conductive liquid 205, and driving electrodes 207;paragraph [0050], the crystalline lens condition acquisition member 202 is configured to continuously acquire the conditions of the crystalline lens 208 of the user who wears the eyeglass 200, and stop adjusting the voltage of the driving electrodes 207 in response to that a fluctuation in the diopter of the crystalline lens 208 is less than a second threshold).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify second diopter of optical lens group of the wearable device of Park as maximum diopter i.e. the second threshold as taught by Wang so that have the second diopter is a maximum diopter that can be reached by the optical lens group for the purpose to adjust the voltage applied by the driving electrodes in response to that the crystalline lens is in a tightened condition so as to convert light transmitted through the eyeglass to parallel light (Wang, paragraph [0004]).
Regarding claim 2, combination Park-Wang discloses the invention as described in Claim 1 and Park further teaches wherein the method further comprises: obtaining the wearing status of the wearable device (Park fig.11, described in claim 1); and in response to the wearable device changing from the unworn state to the worn state adjusting the second diopter (see annotated image, Park, fig.9A) of the optical lens group of the wearable device to the first diopter (see annotated image, Park, fig.9B).
Regarding claim 6, Park teaches an electronic device, comprising: one or more processors: a memory having one or more computer programs stored therein, which when executed by the one or more processors, cause the electronic device (Park, figs.1-13, abstract, an electronic device… a processor, wherein the processor may be is configured to, when the user is identified as wearing the electronic device, increase the adjustable permeation rate of the optical member, and when the user is identified as not wearing the electronic device, decrease the adjustable permeation rate of the optical member..; see fig.11, paragraph [0123] the user is identified as wearing the device in operation 1111, the electronic device 300 may control an optical member):
obtain a wearing status of a wearable device; and
adjust a first diopter of an optical lens group of the wearable device to a second diopter in response to the wearable device changing from a worn state to an unworn state, wherein the second diopter is greater than the first diopter (see annotated image, Park, fig.9A, 9B, adjusting the first diopter of an optical lens group of the wearable device to the second diopter in response to the wearable device changing from a worn state to an unworn state the second diopter is greater than the first diopter).
Park does not explicitly teach wherein the second diopter is a maximum diopter that can be reached by the optical lens group.
However, Wang teaches the analogous control method for a wearable device (Wang, figs.1-5, abstract, The present disclosure relates to eyeglass and a method for adjusting incident light into eyes), and further teaches wherein the second diopter (Wang, fig.2, paragraph [0050], diopter of the second threshold) is a maximum diopter that can be reached by the optical lens group (Wang, fig.2, paragraph [0050], the crystalline lens condition acquisition member 202 is configured to continuously acquire the conditions of the crystalline lens 208 of the user who wears the eyeglass 200, and stop adjusting the voltage of the driving electrodes 207 in response to that a fluctuation in the diopter of the crystalline lens 208 is less than a second threshold).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify second diopter of optical lens group of the wearable device of Park as maximum diopter i.e. the second threshold as taught by Wang so that have the second diopter is a maximum diopter that can be reached by the optical lens group for the purpose to adjust the voltage applied by the driving electrodes in response to that the crystalline lens is in a tightened condition so as to convert light transmitted through the eyeglass to parallel light (Wang, paragraph [0004]).
Regarding claim 7, combination Park-Wang discloses the invention as described in Claim 6 and Park further teaches wherein the electronic device is further to:
obtain the wearing status of the wearable device (Park fig.11, described in claim 1); and
adjust the second diopter of the optical lens group of the wearable device to the first diopter in response to the wearable device changing from the unworn state to the worn state (see annotated image, Park, fig.9A, 9B, in response to the wearable device changing from the unworn state to the worn state adjusting the second diopter of the optical lens group of the wearable device to the first diopter).
Regarding claim 13, Park teaches non-transitory computer-readable storage medium, comprising executable instructions stored thereon, which when executed on a computer, cause the computer (Park, , figs.1-13, abstract, an electronic device… a processor, wherein the processor may be is configured to, when the user is identified as wearing the electronic device, increase the adjustable permeation rate of the optical member, and when the user is identified as not wearing the electronic device, decrease the adjustable permeation rate of the optical member..; see fig.11, paragraph [0123] the user is identified as wearing the device in operation 1111, the electronic device 300 may control an optical member) to:
obtain a wearing status of a wearable device; and
in response to the wearable device changing from a worn state to an unworn state, adjust a first diopter of an optical lens group of the wearable device to a second diopter, wherein the second diopter is greater than the first diopter (see annotated image, Park, fig.9A, 9B, obtaining the wearing status of a wearable device; and adjusting the first diopter of the optical lens group of the wearable device to the second diopter in response to the wearable device changing from the worn state to an unworn state, wherein the second diopter is greater than the first diopter).
Park does not explicitly teach wherein the second diopter is a maximum diopter that can be reached by the optical lens group.
However, Wang teaches the analogous control method for a wearable device (Wang, figs.1-5, abstract, The present disclosure relates to eyeglass and a method for adjusting incident light into eyes), and further teaches wherein the second diopter (Wang, fig.2, paragraph [0050], diopter of the second threshold) is a maximum diopter that can be reached by the optical lens group (Wang, fig.2, paragraph [0050], the crystalline lens condition acquisition member 202 is configured to continuously acquire the conditions of the crystalline lens 208 of the user who wears the eyeglass 200, and stop adjusting the voltage of the driving electrodes 207 in response to that a fluctuation in the diopter of the crystalline lens 208 is less than a second threshold).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify second diopter of optical lens group of the wearable device of Park as maximum diopter i.e. the second threshold as taught by Wang so that have the second diopter is a maximum diopter that can be reached by the optical lens group for the purpose to adjust the voltage applied by the driving electrodes in response to that the crystalline lens is in a tightened condition so as to convert light transmitted through the eyeglass to parallel light (Wang, paragraph [0004]).
Regarding claim 14, combination Park-Wang discloses the invention as described in Claim 6 and Park further teaches wherein the computer is further to: obtain the wearing status of the wearable device (Park fig.11, described in claim 1); and in response to the wearable device changing from the unworn state to the worn state adjust the second diopter of the optical lens group of the wearable device to the first diopter (see annotated image, Park, fig.9A, 9B, in response to the wearable device changing from the unworn state to the worn state adjusting the second diopter of the optical lens group of the wearable device to the first diopter).
Claims 4-5, 9-10 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (US20200089027) in view of Wang et al. (US20210247606), further in view of Chen (CN107526165).
Regarding claim 4, combination Park-Wang discloses the invention as described in Claim 1 and Park further teaches wherein adjusting the first diopter of the optical lens group of the wearable device to the second diopter (see annotated image, Park, fig.9A, 9B, adjusting the first diopter of the optical lens group of the wearable device to the second diopter), comprises:
in response to the wearable device changing from the worn state (Park, fig.9B) to the unworn state (Park fig.9A), obtaining a first state (see annotated image, Park, fig.9B, first state has been referred as first state) of a focus adjustment module of the wearable device, wherein the focus adjustment module is configured to control the first diopter of the optical lens group ((Park, figs.1-13, abstract, an electronic device… a processor, wherein the processor may be is configured to, when the user is identified as wearing the electronic device, increase the adjustable permeation rate of the optical member, and when the user is identified as not wearing the electronic device, decrease the adjustable permeation rate of the optical member), and a diopter of the optical lens group is the first diopter (see annotated image, Park, fig.9B, first diopter) when the focus adjustment module is set to the first state (see annotated image, Park, fig.9B, first state has been referred as first state);
Park does not explicitly teaches wherein adjusting the focus adjustment module to a second state, wherein a diopter of the optical lens group is the second diopter when the focus adjustment module is set to the second state.
However, Chen teaches the analogous adjusting the diopter (Chen, figs.1-13, abstract, head-mounted personal multimedia systems and visual assistance devices thereof, which are featured with a diopter adjustment unit to provide various diopters for the user's eye to watch; paragraph [0047], figs.1 to 8 illustrate an embodiment of the automatic focus adjustment learning glasses of the present invention), and further teaches wherein adjusting the first diopter (see annotated image, Chen, fig.6, first diopter) of the optical lens group (Chen, paragraph [0048], a lens module having an adjuster housed in each lens accommodating space) of the wearable device (Chen, fig.8, wearable device) to a second diopter comprises (see annotated image, Chen, fig.6, second diopter; paragraph [0012], a diopter adjustment unit may be provided between the eyes and the display to provide diopter to the eyes): in response to the wearable device changing from the worn state to the unworn state, obtaining a first state of a focus adjustment module of the wearable device, wherein the focus adjustment module is configured to control the first diopter of the optical lens group, and a diopter of the optical lens group is the first diopter when the focus adjustment module is set to the first state; and adjusting the focus adjustment module to a second state, wherein a diopter of the optical lens group is the second diopter when the focus adjustment module is set to the second state (Chen, paragraph [0048], which calculates the focal length adjustment amount based on a pre-set personal viewing benchmark and transmits the amount to the adjuster for adjusting the lens module to allow the user to obtain optimal visual clarity; paragraph [0029], FIG6 is a diagram showing the relationship between the time taken for diopter adjustment and the speed of lens-object distance adjustment according to an embodiment of the present invention; paragraph [0065], Its adjustment status is shown in Figures 5 and 6; paragraph [0067], As shown in FIG8 , the present invention does not require reading the pre-set visual reference 4. Instead, it can simultaneously perform self-learning and self-setting of self-refraction during repeated use. By continuously collecting and recording the recorded values, a newly set personal standardized visual reference 4 can be obtained. This can be corrected at any time or extended for a long period of time, and local corrections can be made when discomfort occurs. The present invention uses a memory function to replace the user's requirement to store the optimal selected values. When the same situation recurs, the sensor can synchronize the environment and instantly and synchronously adjust the lens module power and the required adjustment speed accordingly. The user can unconsciously obtain an auxiliary synchronous artificial lens-like correction image before their eyes, which can reduce the responsiveness of the human lens to the adjustment requirements. Therefore, it is a smart eye correction assistant that also assists vision, reduces eye fatigue, and provides a better visual foundation. This forms an automatic zoom feedback device that optimizes vision for the user's personal glasses; paragraph [0047], The focus of the eyeglass lens module is automatically adjusted in accordance with a previously collected and set preset viewing benchmark or a new standard viewing benchmark developed through the glasses' self-learning state. If the adjustment meets the user's current visual needs, the system automatically adjusts the focus. If the adjustment feels slightly off or inappropriate, the system notifies the glasses to make adjustments. Once the user is satisfied, the original preset is revised with the new result, and the relevant values are recorded. The embodiments of the present invention utilize a learning method that records information while the user is using the glasses, continuously accumulating and correcting the information, to obtain the correct viewing benchmark for the individual. This allows for rapid and accurate adjustment of the glasses' focal length changes. This is equivalent to the glasses acquiring information about the dynamic physiological adjustments required by the entire eyeball under various external environmental conditions. This allows the user to quickly obtain better, more accurate, and more comfortable auxiliary visual responses without overexerting the original lens. This allows the eye to operate at minimum function, precisely achieving better results through the embodiments of the present invention, thereby protecting the user's usability).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify for adjusting the focus adjustment module to a second state of Park as taught by Chen so that have a diopter of the optical lens group is the second diopter when the focus adjustment module is set to the second state for the purpose to allows the user to quickly obtain better, more accurate, and more comfortable auxiliary visual responses without overexerting the original lens. This allows the eye to operate at minimum function, precisely achieving better results through the embodiments of the present invention, thereby protecting the user's usability (Chen, paragraph [0047]).
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Regarding claim 5, combination Park-Wang discloses the invention as described in Claim 1 and Park further teaches wherein adjusting the first diopter of the optical lens group of the wearable device to a second diopter (described in claim 1) comprises:
in response to the wearable device changing from the worn state (Park, fig.9B) to the unworn state (Park, fig.9A); Park does not explicitly teaches wherein remaining in the unworn state within a predefined duration, adjusting the first diopter of the optical lens group of the wearable device to the second diopter.
However, see Chen, this claim recites similar limitations wherein “remaining in the unworn state within a predefined duration, adjusting the first diopter of the optical lens group of the wearable device to the second diopter“ as those in corresponding dependent claim 4 and is rejected based on the same teachings and rationale.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify for adjusting the focus adjustment module to a second state of Park as taught by Chen so that have a diopter of the optical lens group is the second diopter when the focus adjustment module is set to the second state for the purpose to allows the user to quickly obtain better, more accurate, and more comfortable auxiliary visual responses without overexerting the original lens. This allows the eye to operate at minimum function, precisely achieving better results through the embodiments of the present invention, thereby protecting the user's usability (Chen, paragraph [0047]).
Regarding claim 9, combination Park-Wang discloses the invention as described in Claim 6, this claim recites similar limitations as corresponding dependent claim 4 and is rejected using the same teachings and rationale.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify for adjusting the focus adjustment module to a second state of Park as taught by Chen so that have a diopter of the optical lens group is the second diopter when the focus adjustment module is set to the second state for the purpose to allows the user to quickly obtain better, more accurate, and more comfortable auxiliary visual responses without overexerting the original lens. This allows the eye to operate at minimum function, precisely achieving better results through the embodiments of the present invention, thereby protecting the user's usability (Chen, paragraph [0047]).
Regarding claim 10, combination Park-Wang discloses the invention as described in Claim 6, this claim recites similar limitations as corresponding dependent claim 5 and is rejected using the same teachings and rationale.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify for adjusting the focus adjustment module to a second state of Park as taught by Chen so that have a diopter of the optical lens group is the second diopter when the focus adjustment module is set to the second state for the purpose to allows the user to quickly obtain better, more accurate, and more comfortable auxiliary visual responses without overexerting the original lens. This allows the eye to operate at minimum function, precisely achieving better results through the embodiments of the present invention, thereby protecting the user's usability (Chen, paragraph [0047]).
Regarding claim 16, combination Park-Wang discloses the invention as described in Claim 13, this claim recites similar limitations as corresponding dependent claim 4 and is rejected using the same teachings and rationale.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify for adjusting the focus adjustment module to a second state of Park as taught by Chen so that have a diopter of the optical lens group is the second diopter when the focus adjustment module is set to the second state for the purpose to allows the user to quickly obtain better, more accurate, and more comfortable auxiliary visual responses without overexerting the original lens. This allows the eye to operate at minimum function, precisely achieving better results through the embodiments of the present invention, thereby protecting the user's usability (Chen, paragraph [0047]).
Regarding claim 17, combination Park-Wang discloses the invention as described in Claim 13, this claim recites similar limitations as corresponding dependent claim 5 and is rejected using the same teachings and rationale.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify for adjusting the focus adjustment module to a second state of Park as taught by Chen so that have a diopter of the optical lens group is the second diopter when the focus adjustment module is set to the second state for the purpose to allows the user to quickly obtain better, more accurate, and more comfortable auxiliary visual responses without overexerting the original lens. This allows the eye to operate at minimum function, precisely achieving better results through the embodiments of the present invention, thereby protecting the user's usability (Chen, paragraph [0047]).
Response to Arguments
Applicant’s arguments with respect to claims have been considered, see Remarks Page. 6-9 with respect to the 35 U.S.C.& 103 rejection have been fully considered and are not persuasive.
In the remarks, applicant argues that:
Moreover, the "diopter" that Wang repeatedly calculates is the diopter of the user's crystalline lens (for determining when and how to adjust the eyeglass lens), not the device lens's diopter ceiling. The control loop responds to the eye's diopter and stops when the eye's diopter fluctuation is sufficiently small, not when the device lens reaches any maximum. As such, Wang does not teach or suggest "wherein the second diopter is a maximum diopter that can be reached by the optical lens group" as recited in claim 1.
In response to applicant's argument(s) of 1
In this case, Wang teaches wherein the second diopter (Wang, fig.2, paragraph [0050], diopter of the second threshold) is a maximum diopter that can be reached by the optical lens group (a lens of eyeglass 203 has been referred to as the optical lens group ;paragraph [0035] a lens of eyeglass 203 including an electrowetting dual-liquid zoom lens assembly 210, which includes insulating liquid 204, conductive liquid 205, and driving electrodes 207; paragraph [0050], the crystalline lens condition acquisition member 202 is configured to continuously acquire the conditions of the crystalline lens 208 of the user who wears the eyeglass 200, and stop adjusting the voltage of the driving electrodes 207 in response to that a fluctuation in the diopter of the crystalline lens 208 is less than a second threshold --- so a second threshold is a maximum fluctuation in the diopter of the crystalline lens).
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