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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/19/2023, 01/30/2025, and 3/12/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tzvieli et. al. (US Patent 2017/0095157 A1) in view of Tadi et. al. (US Patent Application Publication US 2023/0333635 A1).
Regarding claim 1, Tzvieli teaches a non-transitory computer-readable data storage medium storing program code executable by a processor to perform processing comprising (Abstract, [0054], [0404]):
However, Tzvieli fails to disclose detecting a neutral facial expression of a wearer of a head-mountable display (HMD) based on signals received from one or multiple facial electromyographic (fEMG) sensors of the HMD; in response to detecting the neutral facial expression of the wearer based on the signals received from the one or multiple fEMG sensors, capturing a baseline neutral facial expression image of the wearer using one or multiple cameras of the HMD; and calibrating HMD camera-based detection of facial expressions of the wearer based on the automatedly captured baseline neutral facial expression image.
Tadi et. al. teaches detecting a neutral facial expression of a wearer of a head-mountable display (HMD) based on signals received from one or multiple facial electromyographic (fEMG) sensors of the HMD (Tadi et. al. [0010]-[0012]); in response to detecting the neutral facial expression of the wearer based on the signals received from the one or multiple fEMG sensors, capturing a baseline neutral facial expression image of the wearer using one or multiple cameras of the HMD (Tadi et. al. [0132], [0148]); and calibrating HMD camera-based detection of facial expressions of the wearer based on the automatedly captured baseline neutral facial expression image (Tadi et. al. [0148]-[0153], [0215], before facial expression determination begins, the user is asked to maintain a deliberately neutral expression, which is then analyzed). This is a critical component of the claimed invention because of the necessary step of capturing the neutral facial expression directly from EMG signals from the HMD. Thus, it would have been obvious to one skilled in the art prior to the effective filing date of the claimed invention to have combined the teachings of Tzvieli et. al. and Tadi et. al. so that the baseline neutral facial expression is captured automatically.
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Regarding claim 2, Tzvieli teaches the non-transitory computer-readable data storage medium of claim 1, wherein the processing further comprising (Tzvieli [0052]): subsequently performing the calibrated HMD camera-based detection of the facial expressions of the wearer (Tzvieli [0061]); and performing actions (such as issuing an alarm, changing a display, etc.) related to the HMD based on the facial expressions of the wearer that have been detected (Tzvieli [0251], [0315]). This is important to the technical solution of the problem, specifically how to perform the baseline calibration, indirectly referring to claim 1. Thus, it would have been obvious to one skilled in the art prior to the effective filing date of the claimed invention to have combined the teachings of Tzvieli and Tadi so that the solution to the claimed invention is fully captured.
Regarding claim 3, Tzvieli teaches the non-transitory computer-readable data storage medium of claim 2, wherein performing the actions related to the HMD based on the facial expressions of the wearer that have been detected comprises: changing displayed images based on the facial expressions of the wearer that have been detected (Tzvieli [0052], [0061], [0251], [0315]). The actions include issuing an alarm, changing a display, etc. are important to the claimed invention because it signals a response to the user’s expression. Thus, it would have been obvious to one skilled in the art prior to the effective filing date of the claimed invention to have combined the teachings of Tzvieli and Tadi so that the solution to the claimed invention is fully captured.
Regarding claim 4, Tzvieli teaches the non-transitory computer-readable data storage medium of claim 1, wherein the processing further comprising: subsequently capturing facial images of the wearer using the cameras of the HMD; detecting the facial expressions of the wearer by comparing the captured facial images of the wearer to the automatedly captured baseline neutral facial expression image; and performing actions related to the HMD based on the facial expressions of the wearer that have been detected (Tzvieli [0281], [0343], [0344]). The distinction here is important because Tzvieli uses cameras that are coupled to the HMD to capture images and facial expressions. Thus, it would have been obvious to one skilled in the art prior to the effective filing date of the claimed invention to have combined the teachings of Tzvieli and Tadi so that the solution to the claimed invention is fully captured.
Regarding claim 5, Tzvieli teaches the non-transitory computer-readable data storage medium of claim 4, wherein performing the actions related to the HMD based on the facial expressions of the wearer that have been detected comprises: changing displayed images based on the facial expressions of the wearer that have been detected (Tzvieli [0051], [0061], [0251], [0315]). The actions include issuing an alarm, changing a display, etc. are important to the claimed invention because it signals a response to the user’s expression. Thus, it would have been obvious to one skilled in the art prior to the effective filing date of the claimed invention to have combined the teachings of Tzvieli and Tadi so that the solution to the claimed invention is fully captured.
Regarding claim 6, Tzvieli teaches the non-transitory computer-readable data storage medium of claim 1 wherein the neutral facial expression of the wearer is detected and the baseline neutral facial expression image of the wearer is responsively automated captured without explicitly prompting the wearer to exhibit the neutral facial expression (Tzvieli [0052], [0061], [0251], [0315]). This is a critical component of the claimed invention because of the necessary step of capturing the neutral facial expression directly from EMG signals from the HMD. Thus, it would have been obvious to one skilled in the art prior to the effective filing date of the claimed invention to have combined the teachings of Tzvieli et. al. and Tadi et. al. so that the baseline neutral facial expression is captured automatically.
Regarding claim 7, Tzvieli teaches the non-transitory computer-readable data storage medium of claim 1, wherein the HMD camera-based detection of the facial expressions of the wearer is calibrated without the wearer having to explicitly initiate calibration (Tzvieli [0052], [0061], [0251], [0315]). This is a critical component of the claimed invention because of the necessary step of capturing the neutral facial expression directly from EMG signals from the HMD. Thus, it would have been obvious to one skilled in the art prior to the effective filing date of the claimed invention to have combined the teachings of Tzvieli et. al. and Tadi et. al. so that the baseline neutral facial expression is captured automatically.
Regarding claim 8, Tzvieli teaches the non-transitory computer-readable data storage medium of claim 1, wherein the cameras of the HMD comprise one or multiple eye cameras, and the fEMG sensors of the HMD comprise one or multiple fEMG sensors positioned above eyes of the wearer of the HMD, and wherein the detected neutral facial expression of the wearer comprises a neutral expression of an upper facial portion of the wearer (Tzvieli [0052], [0061], [0251], [0315]). The distinction here is important because Tzvieli uses cameras that are coupled to the HMD to capture images and facial expressions. Thus, it would have been obvious to one skilled in the art prior to the effective filing date of the claimed invention to have combined the teachings of Tzvieli and Tadi so that the solution to the claimed invention is fully captured.
Regarding claim 9, Tzvieli teaches the non-transitory computer-readable data storage medium of claim 1, wherein the cameras of the HMD comprise one or multiple mouth cameras, and the fEMG sensors of the HMD comprise one or multiple fEMG sensors positioned below eyes of the wearer of the HMD, and wherein the detected neutral facial expression of the wearer comprises a neutral expression of a lower facial portion of the wearer ([Tzvieli [0061], [0319]). The distinction here is important because Tzvieli uses cameras that are coupled to the HMD to capture images and facial expressions. Thus, it would have been obvious to one skilled in the art prior to the effective filing date of the claimed invention to have combined the teachings of Tzvieli and Tadi so that the solution to the claimed invention is fully captured.
Regarding claim 10, Tzvieli teaches the non-transitory computer-readable data storage medium of claim 1, wherein the cameras of the HMD comprise one or multiple eye cameras and one or multiple mouth cameras, and the fEMG sensors of the HMD comprise one or multiple fEMG sensors positioned above eyes of the wearer of the HMD and one or multiple fEMG sensors positioned below the eyes of the wearer, and wherein the detected neutral facial expression of the wearer comprises a neutral expression of a lower facial portion of the wearer and a neutral expression of an upper facial portion of the wearer that are independently detectable (Tzvieli [0061], [0301], [0319]). The distinction here is important because Tzvieli uses cameras that are coupled to the HMD to capture images and facial expressions. Thus, it would have been obvious to one skilled in the art prior to the effective filing date of the claimed invention to have combined the teachings of Tzvieli and Tadi so that the solution to the claimed invention is fully captured.
Regarding claim 11, Tzvieli teaches the non-transitory computer-readable data storage medium of claim 1, wherein detecting the neutral facial expression of the wearer of the HMD based on the signals received from the fEMG sensors of the HMD comprises:
detecting that variation of each signal is less than a threshold variation within a specified
time period; and responsive to detecting that the variation of each signal is less than the threshold variation within the specified time period, concluding that the wearer of the HMD has the neutral facial expression (Tzvieli [0003], [0068]-[0071]). Detecting the threshold variation is important to allow for appropriate determination of the facial expression. Thus, it would have been obvious to one skilled in the art to have combined the teachings of Tzvieli and Tadi so that the neutral expression can be determined based on the roughness of the EMG signals.
Regarding claim 12, Tzvieli teaches the non-transitory computer-readable data storage medium of claim 1, wherein detecting the neutral facial expression of the wearer of the HMD based on the signals received from the fEMG sensors of the HMD comprises:
applying a trained probabilistic model to the signals received from the fEMG signals of the
HMD to yield a probability that the wearer of the HMD is exhibiting the neutral facial expression; and in response to the yielded probability being greater than a threshold, concluding that the
wearer of the HMD has the neutral facial expression (Tzvieli [0003], [0068]-[0071]). The neutral facial expression can be detected by the roughness of the EMG signals from a neutral facial expression that follows a multivariate Gaussian distribution. Thus, it would have been obvious to one skilled in the art to have combined the teachings of Tzvieli and Tadi so that the neutral expression can be determined based on the roughness of the EMG signals.
Regarding claim 13, Tadi et. al. discloses a head-mountable display (HMD) comprising (Tadi Figure 2A): a display panel positionable incident to eyes of a wearer of the HMD (Tadi Figure 2B); a gasket positionable against a face of the wearer around the eyes of the wearer;
one or multiple facial electromyographic (fEMG) sensors disposed in the gasket to detect
a neutral facial expression of the wearer (Tadi Figure 3); capture a baseline neutral facial expression image of the wearer responsive to detection of the neutral facial expression by the fEMG sensors on which basis HMD camera-based detection of facial expressions of the wearer are calibrated (Tadi et. al. [0132], [0148]).
However, Tadi et. al. fails to disclose one or multiple cameras automatically, in response to detecting the neutral facial expression of the wearer based on signals received from the one or multiple fEMG sensors. Tzvieli et. al. teaches one or multiple cameras automatically, in response to detecting the neutral facial expression of the wearer based on signals received from the one or multiple fEMG sensors (Tzvieli [0052], [0251], [0315], where the HMD are coupled with thermal cameras). This is a critical component of the claimed invention because of the necessary step of capturing the neutral facial expression directly from EMG signals from the HMD. Thus, it would have been obvious to one skilled in the art prior to the effective filing date of the claimed invention to have combined the teachings of Tzvieli et. al. and Tadi et. al. so that the baseline neutral facial expression is captured automatically.
Regarding claim 14, Tzvieli et.al. teaches the HMD of claim 13, wherein the cameras comprise one or multiple eye cameras, and the fEMG sensors of the HMD comprise one or multiple fEMG sensors positioned above eyes of the wearer of the HMD, and wherein the detected neutral facial expression of the wearer comprises a neutral expression of an upper facial portion of the wearer (Tzvieli [0052], [0061], [0251], [0315]). The distinction here is important because Tzvieli uses cameras that are coupled to the HMD to capture images and facial expressions. Thus, it would have been obvious to one skilled in the art prior to the effective filing date of the claimed invention to have combined the teachings of Tzvieli and Tadi so that the solution to the claimed invention is fully captured.
Regarding claim 15, Tzvieli et. al. teaches the HMD of claim 13, wherein the cameras of the HMD comprise one or multiple mouth cameras, and the fEMG sensors of the HMD comprise one or multiple fEMG sensors positioned below eyes of the wearer of the HMD, and wherein the detected neutral facial expression of the wearer comprises a neutral expression of a lower facial portion of the wearer (Tzvieli [0061], [0319]). The distinction here is important because Tzvieli uses cameras that are coupled to the HMD to capture images and facial expressions. Thus, it would have been obvious to one skilled in the art prior to the effective filing date of the claimed invention to have combined the teachings of Tzvieli and Tadi so that the solution to the claimed invention is fully captured.
Regarding claim 16, Tzvieli et. al. teaches the HMD of claim 13, wherein the display panel is to change displayed images responsive to the calibrated HMD camera-based detection of facial expression (Tzvieli [0052], [0061], [0251], [0315]). The actions include issuing an alarm, changing a display, etc. are important to the claimed invention because it signals a response to the user’s expression. Thus, it would have been obvious to one skilled in the art prior to the effective filing date of the claimed invention to have combined the teachings of Tzvieli and Tadi so that the solution to the claimed invention is fully captured.
Regarding claim 17, Tzvieli et.al. teaches the HMD of claim 13, wherein the one or multiple cameras are further to, after the HMD camera-based detection of facial expressions of the wearer has been calibrated, capture facial images of the wearer (Tzvieli [0281], [0343], [0344]). The distinction here is important because Tzvieli uses cameras that are coupled to the HMD to capture images and facial expressions. Thus, it would have been obvious to one skilled in the art prior to the effective filing date of the claimed invention to have combined the teachings of Tzvieli and Tadi so that the solution to the claimed invention is fully captured.
Regarding claim 18, Tzvieli et. al. teaches the HMD of claim 17, wherein the HMD camera-based detection of facial expressions include comparing the captured facial images of the wearer to the baseline neutral facial expression image of the wearer (Tzvieli [0281], [0343], [0344]). The distinction here is important because Tzvieli uses cameras that are coupled to the HMD to capture images and facial expressions. Thus, it would have been obvious to one skilled in the art prior to the effective filing date of the claimed invention to have combined the teachings of Tzvieli and Tadi so that the solution to the claimed invention is fully captured.
Regarding claim 19, Tzvieli et. al. teaches the HMD of claim 13, wherein the fEMG sensors are not used for detecting facial expressions of the wearer after detecting the neutral facial expression of the wearer (Tzvieli [0123]). Tzvieli uses the EMG sensor to identify moving the HMD relative to the face based on analyzing images taken by sensors. This is a critical component of the claimed invention because of the necessary step of capturing the neutral facial expression directly from EMG signals from the HMD. Thus, it would have been obvious to one skilled in the art prior to the effective filing date of the claimed invention to have combined the teachings of Tzvieli et. al. and Tadi et. al. so that the baseline neutral facial expression is captured automatically.
Regarding claim 20, Tzvieli et. al. teaches the HMD of claim 13, wherein the cameras comprise one or multiple eye cameras and one or multiple mouth cameras. Tzvieli et. al. fails to disclose the fEMG sensors of the HMD comprise one or multiple fEMG sensors positioned above eyes of the wearer of the HMD and one or multiple fEMG sensors positioned below eyes of the wearer of the HMD, and the neutral facial expression of the wearer comprises a neutral expression for an overall face of the wearer.
Tadi et. al. teaches the fEMG sensors of the HMD comprise one or multiple fEMG sensors positioned above eyes of the wearer of the HMD and one or multiple fEMG sensors positioned below eyes of the wearer of the HMD, and the neutral facial expression of the wearer comprises a neutral expression for an overall face of the wearer (Tadi Figure 2A, 2B, 3). This is a critical component of the claimed invention because of the necessary step of capturing the neutral facial expression directly from EMG signals from the HMD. Thus, it would have been obvious to one skilled in the art prior to the effective filing date of the claimed invention to have combined the teachings of Tzvieli et. al. and Tadi et. al. so that the baseline neutral facial expression is captured automatically.
Conclusion
Applicant's arguments filed 03/04/2026 have been fully considered but they are not persuasive. The prior art of record in combination teaches the limitations of the claims as a whole, even with the amended claims..
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA YIFANG LIN whose telephone number is (571)272-6435. The examiner can normally be reached M-F 7:00am-6:15pm, with optional day off.
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/JESSICA YIFANG LIN/Examiner, Art Unit 2668 March 16, 2026
/VU LE/Supervisory Patent Examiner, Art Unit 2668