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 .
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 1-20 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.
Examiner responds Applicant’s specification discloses paragraph 0107, “the visual text graphic is fixed in space relative to the table 1205, plant 1206, rug 1207 and console 1208 as shown in Fig. 12 B”. Examiner further responds Applicant’s specification fails to recite “fix, using the display system, the visual text graphics at the predefined location in the display in response to the user directing a gaze direction to a predetermined location that is different from the predefined location in the display” and “visual text graphics are fixed at the predefined location in the display based on the user directing the gaze direction to the predetermined location without further input from the user”.
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 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) 1-5, 8-13, and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cunningham et al., U.S. Patent Number 10,031,576 B2, in view of Pace et al., U.S. Patent Publication Number 2020/0128231 A1.
Regarding claim 1, Cunningham discloses an eyewear device (24, lines 10-11, head mounted display unit may take the form of any suitable type of eyewear) comprising: an image capture system (col. 4, lines 39-40, scene camera may generally be configured to capture images); a display system comprising a display (col. 3, lines 29-30, may include a display device for displaying); a speech recognition system (col. 17, line 53, voice recognition system); a processor (26, central processing unit); a memory (52a and 52b, memory/media devices); and programming in the memory, wherein execution of the programming by the processor configures the processor to perform operations (col. 8, lines 65-67, associated memory/media devices 52a and 52b are configured to perform a variety of computer-implemented functions) comprising: capture an image of a physical environment using the image capture system (col. 10, lines 10-11, one or more scene cameras for capturing a front-facing view of the user); acquire text from a user input, a data input, or the speech recognition system (col. 10, lines 13-14, microphone, or others, may be provided to capture user audio inputs; col. 11, line 66, user provides text; col. 17, line 53, voice recognition system); generate, using the display system, visual text graphics from the acquired text (col. 3, lines 6-7, generate text-to-speech output and/or to perform various other functions); present, using the display system, the visual text graphics (col. 15, lines 14-16, display device may serve as an output feature for the disclosed speech generation device); (col. 17, lines 38-41, input from the scene camera(s) may be used to augmented user inputs provided by the eye tracking features).
However, it is noted that Cunningham discloses generating text-to speech output, but fails to specifically disclose the visual text graphics at a predefined location in the display of the display system relative to one or more items in the physical environment; and fix, using the display system, the visual text graphics at the predefined location in the display in response to the user directing a gaze direction to a predetermined location that is different from the predefined location in the display; wherein the visual text graphics are fixed at the predefined location in the display based on the user directing the gaze direction to the predetermined location without further input from the user.
Pace discloses present, using the display system, the visual text graphics at a predefined location in the display of the display system relative to one or more items in the physical environment (paragraph 0011, generate a new virtual comment bubble in relation to a particular object that exists within the real-world environment; newly created virtual comment bubble may be located at some predetermined default position); and fix, using the display system, the visual text graphics at the predefined location in the display in response to the user directing a gaze direction to a predetermined location that is different from the predefined location in the display (paragraph 0011, virtual comment bubble may also be anchored to a point in 3D space based on a coordinate system; user may do so by performing some predetermined facial gesture, which Examiner interprets as directing a gaze to a different location; paragraph 0098, virtual item becomes anchored with respect to a real-world coordinate system associated with the real object, and therefore, remains statically located with respect to the real object); wherein the visual text graphics are fixed at the predefined location in the display based on the user directing the gaze direction to the predetermined location without further input from the user (paragraph 0011, may interpret this facial gesture as an instruction to create the new virtual comment bubble; initially, the newly created virtual comment bubble may be located at some predetermined default location, which Examiner interprets as fixed at a predefined location without further input from the user; FIG. 14).
It would have been obvious to one of ordinary skill in the art before the effective filing of the claimed invention to include in the output of text as disclosed by Cunningham, presenting the text at a default location and spatially anchoring the text relative at the location in response to a predetermined facial gesture, to enable users to place virtual notes, comments, or text within a real-world environment in scenarios where hand gestures may be restructured and enable a default position for the virtual note, comment or text.
Regarding claim 2, it is noted that Cunningham fails to disclose wherein the predetermined location to which the gaze direction is directed is a floor of a room.
Pace discloses wherein the predetermined location to which the gaze direction is directed is a floor of a room (paragraph 0011, virtual comment bubble may also be anchored to a point in 3D space based on a coordinate system; user may do so by performing some predetermined facial gesture FIG. 8, user focus directed downward).
Regarding claim 3, Cunningham discloses wherein execution of the programming by the processor further configures the processor to detect a second gaze direction or a hand gesture of the user (col. 10, lines 22-25, accept user inputs in accordance with one or more input selection methods (e.g., scanning, physical switch, hand gesture, physical gesture and eye tracking selection methods; col. 18, lines 44-49, provide an additional or supplementary input selection method for the user).
However, it is noted that Cunningham fails to disclose the detected eye tracking selection as to move the visual text graphics from the predefined location relative to the one or more items in the physical environment.
Pace discloses second gaze direction as to move the visual text graphics from the predefined location relative to the one or more items in the physical environment (paragraph 0100, using eye movements to adjust a position of a virtual item with respect to one or more real objects; FIG. 15A-17).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the eye tracking selection as disclosed by Cunningham, allowing the eye movements to adjust a position of a virtual item as disclosed by Pace, to allow a user to make desired adjustments of virtual items on the display.
Regarding claim 4, Cunningham discloses wherein execution of the programming by the processor further configures the processor to transmit an image of the display including the visual text graphics (col. 3, lines 17-19, the head mounted display unit and associated processing unit may enable the SGD to transmit and receive messages to assist a user in communicating with others).
However, it is noted that Cunningham fails to disclose the displayed visual text graphics fixed at the predefined location in the display relative to the one or more items in the physical environment.
Pace discloses displayed visual text graphics fixed at the predefined location in the display relative to the one or more items in the physical environment (paragraph 0099, after the user anchors the virtual item to the specific button, another user (e.g., Scott from maintenance) may enter the real-world environment an immediately be presented with the virtual item in the appropriate spatial context).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the transmitting as disclosed by Cunningham, including the visual text graphics fixed at the predefined location in the display relative to one or more items in the physical environment as disclosed by Pace, to present the visual text with the virtual item at the appropriate spatial context to communicate with others appropriately.
Regarding claim 5, Cunningham discloses wherein the image capture system captures the image of the physical environment or a sequence of frames of video data and execution of the programming by the processor further configures the processor to store the image of the physical environment or the sequence of frames of video data (col. 9, lines 49-57, memory/media device 52b is configured to store input data received from a user for performing the desired functional steps associated with a speech generation device; data in memory/media 52b may include inputs received from one or more peripheral devices of the SGD, including but not limited to eye tracking features, scene camera(s), microphone(s), and other peripheral device, which indicate selections of text; col. 11, line 46, image capture devices may include cameras, video cameras).
Pace further discloses to fix the visual text graphics at the predefined location in the image of the physical environment with the fixed visual text graphics (paragraph 0048, video camera; FIG. 14, fixed visual text graphics).
Regarding claim 8, Cunningham discloses wherein execution of the programming by the processor further configures the processor to arrange attributes of the visual text graphics as a menu of options that are displayed on the display system based on characteristics of the physical environment
(col. 13, lines 48-52, all graphical user interface and other menus that display “buttons” or other features that are selectable by a user; col. 13, lines 55-62, graphical user interface that are displayed visually on the lenses of the head mounted display unit; correspond to “QWERTY” keyboards, numeric keypads, or other customized keypads; buttons may also include words, phrases, symbols and other information that can be customized based on user preferences, frequency or use or other parameters).
Regarding claims 9-13 and 16, they are rejected based upon similar rational as claims 1-5 and 8 respectively. Cunningham further discloses an augmented reality method for use with an eyewear device having an image capture system and a display system comprising a display (col. 1, lines 33-34, augmentative communications devices; col. 4, lines 46-47, input from the scene camera may be used to augment user inputs provided by the eye tracking features)
Regarding claims 17-20, they are rejected based upon similar rational as claims 1-4 respectively. Cunningham further discloses a non-transitory computer-readable medium storing program code which, when executed, is operative to cause an electronic processor to perform the steps (col. 9, lines 59-66, Memory device 52a includes computer-executable software instructions that can be read and executed by processor(s) 50 to act on the data stored in memory/media device 52b to create new output data (e.g., audio signals, display signals, control signals, other output from various image processing and eye tracking algorithms and the like) for temporary or permanent storage in one of the memory/media devices).
Claim(s) 6, 7, 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cunningham in view of Pace as applied to claims 1 and 9 above, and further in view of Sala, U.S. Patent Number 9,965,062 B2.
Regarding claims 6 and 14, Cunningham discloses visual text graphics input from the user (col. 13, lines 55-62, graphical user interface that are displayed visually on the lenses of the head mounted display unit; correspond to “QWERTY” keyboards, numeric keypads, or other customized keypads; it is well known in the art that the “QWERTY” sequences perform different functions; sequence (Alt + H, F, C), opens the home page, and F opens Font option).
It is noted that Cunningham and Pace fail to disclose alter one or more properties of the visual text graphics in response to text modifying input from the user.
Sala discloses alter one or more properties of the visual text graphics in response to text modifying input from the user (col. 4, lines 4-9, in response to determining that a defined gaze pattern condition is met, the computing device may visually enhance an appearance of the item at the gaze location).
It would have been obvious to one of ordinary skill in the art to include in the “QWERTY” and eye tracking as disclosed by Cunningham, using the gaze pattern for enhancing an appearance of an item as disclosed by Sala, to provide visual enhancement in real-world environments to help a user having difficulty perceiving a virtual item.
Regarding claims 7 and 15, Cunningham discloses wherein the one or more properties of the visual text graphics include font style or color of the visual text graphics (col. 13, lines 55-62, graphical user interface that are displayed visually on the lenses of the head mounted display unit; correspond to “QWERTY” keyboards, numeric keypads, or other customized keypads; it is well known in the art that the different “QWERTY” sequences (Alt + H, F, C) perform different functions; such as (Alt + H, F, C, where H opens the home page, F opens the font group, and C ones the font color menu).
Sala discloses wherein the one or more properties of the visual text graphics include font style or color of the visual text graphics (col. 4, lines 7-9, visual enhancement may be applied, including but not limited to changes to color, size, font type, font style).
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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Thorn, U.S. Patent Publication Number 2015/0354140 A1
Thorn discloses an eyewear device (113, wearable device) comprising: an image capture system ; a display system comprising a display; a speech recognition system; a processor; a memory; and programming in the memory, wherein execution of the programming by the processor configures the processor to perform operations comprising: capture an image of a physical environment using the image capture system (paragraph 0027, speech to text conversion module may be coupled to the camera and may be configured to generate the text by speech to text conversion based on images captured by the camera); acquire text from a user input, a data input, or the speech recognition system (paragraph 0036, speech to text conversion module; paragraph 0074); generate, using the display system, visual text graphics from the acquired text (paragraph 0036, generate a text; paragraph 0081, generate a text from speech; determining a textual representation of spoken words); present, using the display system, the visual text graphics at a predefined location in the display of the display system relative to one or more items in the physical environment (paragraph 0036, gaze tracking device, an eye gaze direction of a user on a display on which the text is displayed); (paragraph 0109, activation areas on the display may be defined; paragraph 0141, may insert words at a selected location in the text by directing the eye gaze onto certain regions of the display; paragraph 0143, activated for a region on the display; dwell time of the user’s eye gaze on the region meets a pre-defined criterion; paragraph 0113, may perform different functions for different activation areas), (paragraph 0143, the user’s gaze does not need to be permanently fixed onto the region; criterion used for determining whether the user may continue to insert further words may allow the user’s eye gaze to leave the region).
Takano et al., U.S. Patent Publication Number 2014/0285404 A1
Takano discloses and fix, using the display system, at a predefined location in the display in response to the user directing a gaze direction to a predetermined location that is different from the predefined location in the display (paragraph 0037, determining the user fixates the specific point; paragraph 0140, monitors detection of the eyelid status showing shift to an imaging area fixing mode in which the partial area around the point is fixed).
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 Motilewa Good-Johnson whose telephone number is (571)272-7658. The examiner can normally be reached Monday - Friday 6am-2:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason Chan can be reached at 571-272-3022. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MOTILEWA . GOOD JOHNSON
Primary Examiner
Art Unit 2616
/MOTILEWA GOOD-JOHNSON/Primary Examiner, Art Unit 2619
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