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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 10/28/2024 and 03/10/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Election/Restrictions
Applicant’s election without traverse of species 1 in the reply filed on 02/24/2026 is acknowledged.
Claims 17-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 02/24/2026.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4, 16 and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Daedalus (WO2022/060547).
Regarding claim 1, Daedalus discloses a method of operating an electronic device, comprising:
capturing an image of a scene using one or more image sensors (Daedalus: see fig. 3 and pars. [0030]-[0031], wherein the camera captures an image of a scene using one or more image sensors);
detecting an external object using one or more external object sensors (Daedalus: see par. [0031], wherein tracking cameras detect user’s hand);
determining whether the external object is sufficiently illuminated based on information obtained from the one or more external object sensors (Daedalus: see pars. [0070]-[0071], [0097] determining whether the external object is sufficiently illuminated as satisfactorily track the user’s hands based on captured image obtained by the tracking sensor ); and
in response to determining that the external object is not sufficiently illuminated, activating one or more supplemental emitters to illuminate the external object (Daedalus: see par. [0071], in response to determine that the satisfactory is not met, activating the light sources 58 to illuminate the user’s hand).
Regarding claim 2, Daedalus discloses the method of claim 1, further comprising: in response to determining that the external object is sufficiently illuminated, deactivating the one or more supplemental emitters (Daedalus: see par. [0068], during the operations of block 150, monitor for the occurrence of conditions indicating that supplemental illumination should be switched on or off for satisfactory operation of the tracking cameras).
Regarding claim 3, Daedalus discloses the method of claim 1, further comprising:
determining whether the captured image of the scene is sufficiently bright (Daedalus: see par. [0068], during the operations of block 150, monitor for the occurrence of conditions indicating that supplemental illumination should be switched on or off); and
in response to determining that the captured image of the scene is not sufficiently bright, activating the one or more supplemental emitters to illuminate the scene and the external object (Daedalus: see pars. [0070]-[0071], in response to determine that the satisfactory is not met, activating the light sources 58 to illuminate the user’s hand. In addition, the user’s hand is in the scene, so when the light sources 58 is activated, it also illuminates the scene).
Regarding claim 4, Daedalus discloses the method of claim 3, further comprising: in response to determining that the captured image of the scene is sufficiently bright, deactivating the one or more supplemental emitters (Daedalus: see par. [0068], during the operations of block 150, monitor for the occurrence of conditions indicating that supplemental illumination should be switched on or off for satisfactory operation of the tracking cameras. The Examiner interprets the condition for satisfactory including the brightness of the scene).
Regarding claim 16, Daedalus discloses the method of claim 1, further comprising: using the one or more supplemental emitters to emit infrared light to illuminate the external object (Daedalus: see par. [0032], wherein the supplemental infrared light is used to augment ambient light).
Regarding claim 21, Daedalus discloses a head-mounted device comprising:
support structures configured to mount the head-mounted device on a user’s head (Daedalus: see par. [0015], wherein head-mounted devices include head-mounted support structures that allow the devices to be worn on the heads of users);
one or more scene cameras configured to capture images of a scene (Daedalus: see pars. [0015], [0031], in which camera may be used to capture images of a scene);
one or more hands cameras configured to detect a user’s hands (Daedalus: see par. [0031], note that tracking camera configured to detect a user’s hands);
one or more supplemental emitters configured to provide supplemental illumination for the user’s hands (Daedalus: see pars. [0036], [0049], wherein supplemental emitters 58 configured to provide supplemental illumination for the user’s hands); and
control circuitry (Daedalus: see fig. 2, control circuitry 22) configured to:
determine whether the user’s hands are sufficiently illuminated (Daedalus: see pars. [0070]-[0071], [0097], determining whether the external object is sufficiently illuminated as satisfactorily track the user’s hands based on captured image obtained by the tracking sensor),
determine whether the captured images are properly exposed (Daedalus: see pars. [0070]-[0071], [0097], when the satisfactory is met, the captured images are properly exposed), and
adjust the one or more supplemental emitters based on whether the user’s hands are sufficiently illuminated and based on whether the captured images are properly exposed (Daedalus: see pars. [0070]-[0071], adjust the supplemental emitters based on the satisfactory is met based on captured images’ analysis).
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 5-8 and 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Daedalus (WO2022/060547) in view of Deluca (EP2461574).
Regarding claim 5, Daedalus discloses the method of claim 3.
Daedalus does not explicitly disclose computing a scene average for the captured image of the scene, wherein determining whether the captured image of the scene is sufficiently bright comprises comparing the computed scene average to a low light scene target.
However, Deluca teaches computing a scene average for the captured image of the scene, wherein determining whether the captured image of the scene is sufficiently bright comprises comparing the computed scene average to a low light scene target (Deluca: see pars. [0016]-[0017], determining whether the captured image of the scene is sufficiently bright comprises comparing the overall average brightness to each average brightness of sub area).
One would have been modified to include computing a scene average as taught by Deluca in the apparatus of Daedalus to ensure the captured image having sufficient brightness.
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine the teachings of Deluca with the Daedalus’s system to include computing a scene average for the captured image of the scene, wherein determining whether the captured image of the scene is sufficiently bright comprises comparing the computed scene average to a low light scene target.
Regarding claim 6, Daedalus in the combination with Deluca discloses the method of claim 5.
Deluca further teaches comprising:
computing a first average associated with a first external object (Deluca: see pars. [0016]-[0017], computing a first average associated with first sub area); and
computing a second average associated with a second external object different than the first external object, wherein the first average is less than the second average (Deluca: see pars. [0016]-[0017], computing a second average associated with a second sub area including a second external object different than the first sub area including first external object, wherein the first average is less than the second average as comparing with the overall average brightness as the first sub area is darker, and the second sub area is brighter).
The motivation is the same as that of claim 5.
Regarding claim 7, Daedalus in the combination with Deluca discloses the method of claim 6.
Deluca further determining whether the external object is sufficiently illuminated comprises comparing the computed first average to an external object target (Deluca: see pars. [0016]-[0017], the Examiner broadly interprets that the external object should be in the second sub area having second average sub area, and the system will compare the first average with the second average through comparing with the overall average brightness).
The motivation is the same as that of claim 5.
Regarding claim 8, Daedalus in the combination with Deluca discloses the method of claim 7, further comprising:
determining whether an external object is currently detected by the one or more external object sensors (see the analysis of claim 1); and
in response to determining that no external object is currently detected by the one or more external object sensors, ramping up an output strength of the one or more supplemental emitters to converge the scene average towards the low light scene target (One of ordinary skill in the art would understand that in response to determining that no external object is currently detected by the one or more external object sensors, ramping up an output strength of the one or more supplemental emitters to converge the scene average towards the low light scene target).
Regarding claim 22, Daedalus discloses the head-mounted device of claim 21.
Daedalus does not explicitly disclose that the control circuitry is configured to determine whether the user’s hands are sufficiently illuminated by:
obtaining a dark hand average associated with a darker one of the user’s hands;
obtaining a bright hand average associated with a brighter one of the user’s hands; and
comparing the dark hand average to a predetermined dark hand target.
On the other hand, Deluca teaches that the control circuitry is configured to determine whether the user’s hands are sufficiently illuminated by:
obtaining a dark hand average associated with a darker one of the user’s hands (Deluca: see pars. [0016]-[0017], obtaining average brightness of first sub area);
obtaining a bright hand average associated with a brighter one of the user’s hands (Deluca: see pars. [0016]-[0017], obtaining average brightness of second sub area); and
comparing the dark hand average to a predetermined dark hand target (Deluca: see pars. [0016]-[0017], comparing average brightness of the first sub area to an overall average brightness).
One would have been modified to include the control circuitry as taught by Deluca in the apparatus of Daedalus to ensure the captured image having sufficient brightness.
Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine the teachings of Deluca with the Daedalus’s system to include the control circuitry is configured to determine whether the user’s hands are sufficiently illuminated by: obtaining a dark hand average associated with a darker one of the user’s hands; obtaining a bright hand average associated with a brighter one of the user’s hands; and comparing the dark hand average to a predetermined dark hand target.
Regarding claim 23, Daedalus in the combination with Deluca discloses the head-mounted device of claim 21.
Deluca further teaches the control circuitry is configured to determine whether the captured images are properly exposed by:
obtaining a scene average of the captured images (Deluca: see pars. [0016]-[0017], obtaining an overall average brightness of the captured images); and
comparing the scene average to a predetermined low light scene target (Deluca: see pars. [0016]-[0017], comparing the overall average brightness to a first sub area brightness).
The motivation is the same as that of claim 23.
Allowable Subject Matter
Claims 9-15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHAN T H NGUYEN whose telephone number is (571)272-3452. The examiner can normally be reached M-F 8AM-4PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lin Ye can be reached at 571-272-7372. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CHAN T NGUYEN/Patent Examiner, Art Unit 2638
/LIN YE/Supervisory Patent Examiner, Art Unit 2638