Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. Claims 1 and 7 are pending. Bolded claim language below regards newly amended subject matter with a corresponding new rejection citation. Newly amended subject matter that is not bolded does not comprise a new rejection citation (utilizes previous interpretation that is unchanged in view of the new language) or is a newly added claim.
Claim Rejections - 35 USC § 103
3. 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.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang (US Patent Application Publication 2015/0187330) in view of Trail (US Patent 10,725,308).
Regarding independent claim 1, Yang discloses an augmented reality head worn display (Figure 1 reference HMD 1 and paragraph [0005] describes an optical see-through HMD allowing a user to see a real image of the physical world and a virtual image provided by the HMD at the same time, describing augmented reality.), comprising:
a see-through computer display through which a user views a surrounding environment and upon which the user views digital content (Paragraph [0005] describes an optical see-through HMD allowing a user to see a real image of the physical world and a virtual image provided by the HMD at the same time. Paragraph [0031] describes the luminance of a virtual image/digital content projected by the display module 11 varies with the driving current Id of the backlight module 12 (shown in figure 1).);
a measurement system configured to monitor a size of the user's pupil (Figure 2 reference steps 201-205 to calculate a user’s current pupil size and difference thereafter. Paragraph [0026] describes figure 1 reference eye image capture apparatus 14 to capture the eye image of step 201.);
an environment brightness measuring system configured to measure brightness of the surrounding environment (Figures 8 and 10 reference apparatus 18 described in paragraphs [0039]-[0040] to capture the front ambient light luminance/brightness. Figures 11-12 describes the alternative use of an ambient light sensor 19 described in paragraph [0041] to not only detect the front luminance/brightness but also the ambient light luminance/brightness of the environment.); and
a digital content brightness sensor to provide image brightness data indicative of a brightness of the digital content (Figures 8 and 10 reference apparatus 18 described in paragraphs [0039]-[0040] to capture the front ambient light luminance/brightness (digital content brightness data). Figures 11-12 describes the alternative use of an ambient light sensor 19 described in paragraph [0041] to not only detect the front luminance/brightness but also the ambient light luminance/brightness of the environment.) presented to an eye of the user (Paragraph [0028] describes the display projected virtual image may cause the user’s pupil to contract if the virtual image is too bright, describing the digital content/virtual image as being presented to the user’s eye(s).)
a brightness control system configured to increase and decrease brightness of the digital content (Figure 2 reference step 206 to adjust the backlight intensity according to the current pupil size. Paragraph [0027] describes figure 1 reference application processor 13 to control the backlight module 12 to adjust the backlight in accordance with step 206. Paragraph [0030] describes an equation of L2 = L1 + Δth wherein L2 is the luminance of a virtual image, L1 is a luminance of a real image, and Δth is a threshold. Paragraph [0031] describes the luminance L2 of a virtual image projected by the display module 11 varies with the driving current Id of the backlight module 12 (describing adjustment of the backlight is an adjustment of luminance of the virtual image/digital content).); and
a controllable transmission element comprising at least one of an outer shield and a combiner, the controllable transmission element including an electrochromic surface having a variable transmission of environmental light to the eye of the user;
a processor (16) configured to regulate the brightness of the digital content in relation to the size of a user's pupil (Figure 2 reference step 206 to adjust the backlight intensity according to the current pupil size. Paragraph [0028] describes step 206, figure 2, to adjust the backlight intensity/luminance/brightness of the digital content based on the current and different pupil size. Paragraph [0028] describes calculating, by ASIC 16, the user’s pupil size and pupil size difference. Said paragraph describes equating pupil size to thresholds to identify when the user’s pupils are dilated or contracted.), the brightness of the surrounding environment, and the image brightness data (Paragraph [0028] describes to adjust the backlight of the display depending on the ambient external/surrounding brightness and the brightness of the projected virtual image (image brightness data).);
wherein said processor (16) is configured to compare the brightness of the surrounding environment and the image brightness data and to regulate the brightness control system to maintain a desired ratio of the brightness of the digital content to the brightness of the surrounding environment (Figure 2 201 and paragraph [0025] describes to adjust the backlight intensity according to a detected/monitored size of the user’s pupil. Paragraph [0041] describes ambient light luminance detected by sensor 19. Figure 2 205 and paragraph [0028] describes the determined change in pupil size is due to ambient light (surrounding environment) being high/low and/or the virtual image being overly bright and dazzling or too low in brightness and to confirm which of the two is causing the pupil to change. The confirmation of either ambient light and display light of the virtual image is within the scope of “comparing” as a mathematical concept without defining the equation of what the comparison between the two values actually is. Said paragraph [0028] additionally describes to adjust the backlight in accordance with a mapping table. Without a defined range/ratio of the claimed “desired ratio” a mapping table is within the interpretable scope.);
and wherein, in response to the measurement system indicating that the user’s pupil is constricting (Paragraph [0028] describes the pupil to contract when the image or ambient environment is overly bright.), the processor is configured to regulate at least one of (i) the brightness of the digital content via the brightness control system (Paragraph [0028] additionally describes to adjust the backlight in accordance with a mapping table.) and (ii) the variable transmission of the controllable transmission element.
Yang does not specifically disclose a controllable transmission element comprising at least one of an outer shield and a combiner, the controllable transmission element including an electrochromic surface having a variable transmission of environmental light to the eye of the user.
Trail discloses an HMD (100) comprising a controllable transmission element (215) (Figures 1-2 and column 5 lines 11-13 describing cross section 200 of shell 105 of HMD 100 comprising a dynamic attenuator 215) comprising at least one of an outer shield and a combiner, the controllable transmission element including an electrochromic surface having a variable transmission of environmental light to the eye of the user (Column 5 line 57-Column 6 line 8 describes the dynamic attenuator 215 controllable electrochromic pixel(s) covering the entire field of view of the HMD. The controllable electrochromic pixel(s) allowing a controllable amount of external light to reach the eye box 230 of the user. This describes the controllable electrochromic pixels, of the outer dynamic attenuator 215, to be a shield of light.); and the processor is configured to regulate (ii) the variable transmission of the controllable transmission element (Column 5 line 57-Column 6 line 8 describes the dynamic attenuator 215 to be controllable electrochromic pixel(s) and column 24 lines 34-55 describes a processor utilized to perform the steps, operations, or processes described.).
It would have been obvious to one skilled in the art before the effective filing date of the current application to enable Yang’s HMD with the known technique of comprising a controllable transmission element comprising at least one of an outer shield and a combiner, the controllable transmission element including an electrochromic surface having a variable transmission of environmental light to the eye of the user and the processor is configured to regulate (ii) the variable transmission of the controllable transmission element yielding the predictable results of stopping a user from hitting a real world object such as a wall when moving closer to said wall as disclosed by Trail (column 6 lines 17-23).
Allowable Subject Matter
4. Claim 7 is allowed. The following is an examiner’s statement of reasons for allowance:
Yang does not specifically disclose wherein said processor (16) is configured to reduce said desired ratio as the pilot approaches a boundary of virtual airspace (The closest support to the subject matter is found in paragraph [00226] of the current application’s originally filed specification. Said paragraph describes to remove or dimmish the brightness of the content being displayed in the context of geo-fenced airspace. Therefore, virtual airspace is interpreted in the scope of geo-fenced airspace.).
He et al. (US Patent Application Publication 2011/0077804) paragraph [0028] discloses to increase brightness when approaching an airspace boundary.
Gannon (US Patent Application Publication 20050066275) paragraphs [0002] and [0023] discloses to vary the brightness depending on current weather or a current brightness/luminance output in regards to boundary and airspace data.
However none of the art discloses to reduce said desired ratio (reducing brightness) as a pilot approaches a boundary of virtual airspace.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
5. Applicant's arguments filed 12/23/2025 have been fully considered and relates to newly amended subject matter. Please refer to the above office action utilizing newly cited art Trail in combination with previously cited art Yang to reject the subject matter. This action is final necessitated by amendment.
Conclusion
6. 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 CHRISTOPHER E LEIBY whose telephone number is (571)270-3142. The examiner can normally be reached 11-7.
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/CHRISTOPHER E LEIBY/Primary Examiner, Art Unit 2621