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 .
Election/Restrictions
Applicant's election without traverse of invention I (claims 1-11) in the reply filed on 10/06/2025 is acknowledged. Accordingly, claims 1-11 are considered for Examination.
Claims 12-20 (groups II and III) are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to non-elected inventions, there being no allowable generic or linking claim.
Drawings
The subject matter of this application admits of illustration by a drawing to facilitate understanding of the invention. Applicant is required to furnish a drawing under 37 CFR 1.81(c). No new matter may be introduced in the required drawing. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). Claim 1, claims “the reflective surface includes a first focal point and a second focal point, and the projector is located near the first focal point of the reflective surface” where “first and second focal points” need to be shown with labels with respect to the reflective surface and the projector. The limitation “the projector includes a light emitting element that is adapted to project light towards the reflector” where the “light emitting element” needs to be shown with labels with respect to projector and the reflector. The limitation “the reflector is adapted to reflect the projected light off the reflective surface of the reflector and project the light towards the second focal point of the reflective surface” where “the reflective surface of the reflector and project the light towards the second focal point of the reflective surface” need to be shown with labels.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION —The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
As of claim 1, the limitation “frame” is indefinite. A review of the description reveals “frame” as “outer gimbal frame” (PGPUB [0106]); “externally fixed frame” (PGPUB [0106]) and “glasses frame” (PGPUB [0116]). Which “frame” the Applicant is referring to? For the purpose of Examination, the Examiner has interpreted the “frame” as “glasses frame”. The limitation “the reflective surface includes a first focal point and a second focal point” is indefinite. Which “first and second focal points” the Applicant is referring to? A review of the description reveals in Fig. 14 and (PGPUB [0075]); (PGPUB [0078]) only focal point is 520. For the purpose of Examination, the Examiner has interpreted “a first focal point and a second focal point” as “the optical unit forms a first focal point in the first bundle of rays between the optical unit and the reflector and forms a second focal point in the second bundle of rays between the optical unit and the reflector”. The limitation “the projector includes a light emitting element that is adapted to project light towards the reflector” is indefinite. What does it mean by the projector having a light emitting element that is adapted to project light towards the reflector? For the purpose of Examination, the Examiner has interpreted “the projector includes a light emitting element that is adapted to project light towards the reflector” as “multiple pixels are arranged in a plane and emit light including image information toward the optical unit”. The limitation “the reflector is adapted to reflect the projected light off the reflective surface of the reflector and project the light towards the second focal point of the reflective surface” is indefinite. The Examiner is unclear about how does the reflective surface of the reflector and project the light towards the second focal point of the reflective surface? For the purpose of Examination, the Examiner has interpreted “the reflector is adapted to reflect the projected light off the reflective surface of the reflector and project the light towards the second focal point of the reflective surface” as “the reflector forms a second focal point in the second bundle of rays between the optical unit and the reflector”.
Claims 2-11 are rejected as being dependent on claim 1.
As of claim 4, the limitation “the reflector comprises a partial mirror” is indefinite. What does it mean by the reflector comprises a partial mirror? For the purpose of Examination, the Examiner has interpreted “the reflector comprises a partial mirror” as “a mirror having a Fresnel structure having a refractive power”.
As of claim 7, the limitation “the projector is adapted to dynamically control a vergence of the beam of light impinging on the reflector” is indefinite. What does it mean by the projector is adapted to dynamically control a vergence of the beam of light impinging on the reflector? For the purpose of Examination, the Examiner has interpreted “the projector is adapted to dynamically control a vergence of the beam of light impinging on the reflector” as “the display displays image on the reflector via the optical unit”.
As of claim 11, the limitation “a sensor to sense motion of the frame using at least one motion sensor affixed to the frame” is indefinite. What does it mean by a sensor to sense motion of the frame using at least one motion sensor affixed to the frame? For the purpose of Examination, the Examiner has interpreted “a sensor to sense motion of the frame using at least one motion sensor affixed to the frame” as “gaze detection elements in a gaze detection system for each eye positioned facing each respective eye by the set of eyeglasses”.
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.
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 non-obviousness.
Claims 1-7, 9 are rejected under 35 U.S.C. 103 as being unpatentable over SAWADA et al. (US 2016/0139412 A1; SAWADA) in view of SASAKI et al. (US 2015/0205133 A1; SASAKI).
As of claim 1, SAWADA teaches a system 100 [fig 1] comprising: a frame 320 (eyeglasses frame) [fig 1] [0105]; a projector 110 (display) [fig 1] [0105] coupled to the frame 320 [fig 1]; a reflector 130 [fig 1] coupled to the frame 320 [fig 1], wherein the reflector includes a reflective surface (reflector reflects light towards the eyes as shown with fig 1), the reflective surface includes a first focal point and a second focal point (the optical unit 120 forms a first focal point Q1 in the first bundle of rays L1 between the optical unit 120 and the reflector 130 and forms a second focal point Q2 in the second bundle of rays L2 between the optical unit 120 and the reflector 130) [fig 3A] [0060], and wherein the projector 110 [fig 1] includes a light emitting element that is adapted to project light (the display 110 includes multiple pixels 110e. The multiple pixels 110e are arranged in a plane and emit light L0 including image information toward the optical unit 120) [0022] towards the reflector 130 (via optical unit 120) [fig 1]; and wherein the reflector 130 [fig 3A] is adapted to reflect the projected light (form display 110) [fig 3A] off the reflective surface 133 [fig 3A] [0024] of the reflector 130 [fig 3A] and project the light towards the second focal point Q2 [fig 3A] of the reflective surface 133 [fig 3A].
SAWADA does not teach the projector is located near the first focal point of the reflective surface.
SASAKI teaches a display device 101 [fig 1] having the projector 10 (image displayer) [fig 5] [0024] is located near the first focal point 31af [fig 5] [0069] of the reflective surface 40 [fig 5] [0027].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have the projector is located near the first focal point of the reflective surface as taught by SASAKI to the system as disclosed by SAWADA to change of the position of the optical conjugate point can be increased or reduced (SASAKI; [0070]).
As of claim 2, SAWADA teaches the frame comprises an eyeglass frame 320 [fig 1] configured for a user 80 [fig 1] to wear and the projector 110 [fig 1] is oriented to at least project the light as a beam into an eye of the user 80 [fig 1] wearing the eyeglass frame 320 [fig 1].
As of claim 3, SAWADA teaches the projector 110 [fig 1] is configured such that the beam of light is projected both towards and away 13 0 [fig 1] from the eye of the user 80 [fig 1] wearing the eyeglass frame 320 [fig 1].
As of claim 4, SAWADA teaches the reflector 130 [fig 1] comprises a partial mirror (reflector 130 is, for example, a mirror having a Fresnel structure having a refractive power) [0025].
As of claim 5, SAWADA teaches a corrective lens 130 [fig 1] ((the shift of the optical path (the focal point) that occurs when providing the reflector with a Fresnel structure is corrected; and the aberrations can be suppressed)) [0090] coupled to the frame 320 [fig 1].
As of claim 6, SAWADA teaches the reflective surface 130 [fig 1] comprises a partial mirror (reflector 130 is, for example, a mirror having a Fresnel structure having a refractive power) [0025].
As of claim 7, SAWADA teaches the reflector 130 [fig 1] comprises an adaptive reflector array (the reflector 130 includes a first reflective surface 133a and a second reflective surface 133b. The second reflective surface 133b is arranged with the first reflective surface 133a on the arrangement surface 10 and is tilted with respect to the first reflective surface 133a. For example, the angle between the arrangement surface 10 and the first reflective surface 133a is smaller than the angle between the arrangement surface 10 and the second reflective surface 133b) [0040] to produce a real image exhibiting a true depth of field (on viewer’s eyes) [fig 1] by selectively steering beams (via 133a, 133b) [fig 3A] of light from the projector 110 [fig 1]; and the projector 110 [fig 1] is adapted to dynamically control a vergence of the beam of light impinging on the reflector (the display 110 [fig 1] displays image on the reflector 130 [fig 1] via the optical unit 120 [fig 1]).
As of claim 9, SAWADA teaches the light is a light beam (shown with dotted lines in fig 1); the projector 110 [fig 1] is adapted to: modify the light beam (the multiple pixels 110e are arranged in a plane and emit light L0 [fig 1] including image information toward the optical unit 120) [0022]; project the modified light L0 [fig 1] beam toward the reflector 130 [fig 1]; and modify the light beam L0 [fig 1] by changing one or more directions of the beam of light ((reflector 130 is a multi-mirror array (MMA) including multiple reflective surfaces 133. For example, in the MMA, the multiple reflective surfaces 133 are arranged along an arrangement surface (e.g., a plane) 10. The arrangement surface 10 is disposed to oppose a viewer 80. Each of the multiple reflective surfaces 133 is tilted with respect to the arrangement surface 10) [0024].
Claims 8, 10 are rejected under 35 U.S.C. 103 as being unpatentable over SAWADA et al. (US 2016/0139412 A1; SAWADA) in view of SASAKI et al. (US 2015/0205133 A1; SASAKI) and further in view of Chaum et al. (US 2010/0149073 A1; Chaum).
As of claim 8, SAWADA in view of SASAKI teaches the invention as cited above except for the projector is a scanning projector comprising a multi-degree of freedom beam steering device.
Chaum teaches the projector 120 [fig 2] is a scanning projector (having pivotable mirrors 154 and 156) [fig 2] [0600] comprising a multi-degree of freedom beam steering device [0701].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have the projector is a scanning projector comprising a multi-degree of freedom beam steering device as taught by Chaum to the system as disclosed by SAWADA in view of SASAKI to direct light onto the proximal optic using different controls (degrees of freedom) (Chaum; [0701]).
As of claim 10, SAWADA in view of SASAKI teaches the invention as cited above except for the frame includes attachments comprising: at least one power source; at least one communications module; and at least one speaker.
Chaum teaches frame 112 [fig 1] includes attachments 120 [fig 1] comprising: at least one power source [0353]; at least one communications module [0353]; and at least one speaker [0353].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have the frame includes attachments comprising: at least one power source; at least one communications module; and at least one speaker as taught by Chaum to the system as disclosed by SAWADA in view of SASAKI to display incoming email on the image projector, displaying a map and providing driving instructions via the speaker, taking a photograph with a camera, and/or many other applications (Chaum; [0353]).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over SAWADA et al. (US 2016/0139412 A1; SAWADA) in view of SASAKI et al. (US 2015/0205133 A1; SASAKI) and further in view of Perez et al. (US 2013/0050432 A1; Perez).
SAWADA in view of SASAKI teaches the invention as cited above except for a recorder to record video from at least one external camera affixed to distal surface of the reflector; and a sensor to sense motion of the frame using at least one motion sensor affixed to the frame.
Perez teaches a mixed reality display device [fig 1A] having a recorder 139 r, l [fig 1C] to record video from at least one external camera affixed to distal surface of the reflector 14 r, l (a detection area 139r, 139l of at least one sensor is aligned with the optical axis of its respective display optical system 14r, 14l so that the center of the detection area 139r, 139l is capturing light along the optical axis. If the display optical system 14 is aligned with the user's pupil, each detection area 139 of the respective sensor 134 is aligned with the user's pupil. Reflected light of the detection area 139 is transferred via one or more optical elements to the actual image sensor 134 of the camera); and a sensor 134 r, l (sensors) [fig 1C] to sense motion of the frame using at least one motion sensor affixed to the frame (positions of respective sets of gaze detection elements in a gaze detection system for each eye positioned facing each respective eye by the set of eyeglasses. In this example, the sensor 134r, 134l itself is in line or aligned with the optical axis at the center of its respective display optical system 14r, 14l but located on the frame 115 below the system 14. Additionally, in some embodiments, the camera 134 may be a depth camera or include a depth camera. In this example, there are two sets of illuminators 153 and photodetectors 152) [fig 1D] [0070].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have a recorder to record video from at least one external camera affixed to distal surface of the reflector; and a sensor to sense motion of the frame using at least one motion sensor affixed to the frame as taught by Perez to the system as disclosed by SAWADA in view of SASAKI to enhance the user experience of a user wearing a see-through, near-eye, augmented reality display device (Perez; [0002]).
Response to Arguments
Applicant’s arguments with respect to claims 1-11 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.
Conclusion
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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
- Prior Art Wu et al. (US 8878749 B1) teaches systems and methods for improving gaze estimation based on glints. An example method may be executable to receive glint-location data indicating a location for each of one or more glints that are reflected from an eye. The glint-location data may be captured by an imaging device that is attached to a head-mountable display (HMD). The method may be further executable to determine a plurality of normalized pupil locations comprising at least a first and a second normalized pupil location. Each normalized pupil location may be determined based on the glint-location data for a different combinatoric subset of the one or more glints. The method may be further executable to determine a regression model to fit the plurality of normalized pupil locations to an expected gaze location, and perform a gaze-tracking process based on the regression model;
- Prior Art Belenkii et al. (US 20170285343 A1) teaches a head worn display system with at least one retinal display unit having a curved reflector positioned in front of one eye or both eyes of a wearer. The unit includes a first set of three modulated visible-light lasers co-aligned and adapted to provide a foveal laser beam with selectable color and a first scanner unit providing both horizontal and vertical scanning of the laser beam across a small portion of the curved reflector in directions so as to produce a reflection of the color laser beam through the pupil of the eye onto a portion of the retina large enough to encompass the fovea. The unit also includes a second set three modulated retinal visible-light lasers plus an infrared laser, all lasers being co-aligned and adapted to provide a color and infrared peripheral view laser beam, and a second scanner unit providing both horizontal and vertical scanning of the visible light and infrared laser beams across a portion of the curved reflector in directions so as to produce a reflection of the scanned color and infrared laser beams through the pupil of the eye onto a portion of retina corresponding to a field of view of at least 30 degrees×30 degrees.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SULTAN U. CHOWDHURY whose telephone number is (571)270-3336. The examiner can normally be reached on 5:30 AM-5:30 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minh-Toan Ton can be reached on 571-272-2303. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SULTAN CHOWDHURY/
Primary Examiner, Art Unit 2882